Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
A Federal High Court sitting in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) challenging key provisions of the Electoral Act 2026 relating to the qualification and disqualification of candidates for elective offices, dealing a significant blow to the opposition party's legal strategy ahead of the 2027 general elections. Justice Muhammed Umar, in his judgment delivered on Tuesday, August 4, 2026, held that the suit marked FHC/ABJ/CS/635/2025 lacked merit, ruling that the disputed provisions of the Electoral Act complement, rather than conflict with, the 1999 Constitution.
The NDC, which is Nigeria's main opposition party and has fielded former Anambra State Governor Peter Obi as its presidential candidate for the 2027 election, had approached the court seeking declarations that Sections 138 and 77(5) of the Electoral Act 2026 were unconstitutional. The party also urged the court to hold that questions bordering on the qualification of candidates could still be raised after elections. Named as respondents in the suit were the Attorney-General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC).
Delivering judgment, Justice Umar upheld the preliminary objections challenging the competence of the suit, stating that the plaintiff was merely inviting the court to interpret the provisions of the Electoral Act alongside those of the Constitution. According to the judge, "the plaintiff is invoking the interpretative jurisdiction of this honourable court in respect of the provisions of the Electoral Act 2026 on the one hand and the 1999 Constitution on the other hand." The judge further held that the mere attachment of INEC's election timetable to the originating summons did not make the matter a pre-election case. "The fact that the defendant's timetable is attached cannot make the case within the contemplation of Section 285… there is no deposition that raises questions as to the timetable," the court ruled.
On the objection raised by the Clerk of the National Assembly, Justice Umar held that the NDC failed to comply with the statutory requirement of serving a pre-action notice before commencing proceedings. He ruled that the failure to serve the notice rendered the suit incompetent against the second defendant and consequently struck out the action against the Clerk of the National Assembly. On the substantive issues, the judge rejected the NDC's argument that Section 138 of the Electoral Act was inconsistent with the constitutional provisions governing the qualification and disqualification of candidates for elective offices. Justice Umar held that while the Constitution prescribes the qualifications and disqualifications for elective offices, the Electoral Act merely provides the procedure and timeline for ventilating disputes arising from political party primaries.
"Any aggrieved party who intends to challenge any candidate that emerged at the primary election of a political party on grounds of disqualification must do so at the pre-election level," the judge said. He further held that when read together with other provisions of the Electoral Act, Section 138 was not inconsistent with the Constitution. "The provision of Section 138 of the Electoral Act 2026 complements the provision of the Constitution, but is not in conflict with it. The contention of the plaintiff that Section 138 is inconsistent with the Constitution is of no merit," he ruled. The court also declined to invalidate Section 77(5) of the Electoral Act 2026, holding that the issue had already been determined by the Court of Appeal. According to Justice Umar, the appellate court had pronounced on the provision in an earlier decision, and "courts, generally, are bound by precedent of the appellate court."
The ruling is a significant setback for the NDC, which had hoped to use the legal challenge to strike down provisions of the Electoral Act that restrict the timeframe for challenging candidates' qualifications. By affirming that challenges to candidate qualifications must be brought at the pre-election stage, the court has effectively closed the door on post-election disputes over the constitutional eligibility of candidates. The judgment also reinforces the position that the Electoral Act's provisions are complementary to the Constitution and do not violate any constitutional guarantees. For the NDC and other opposition parties, the ruling means that any challenge to the qualification of presidential, governorship, or legislative candidates must be filed before the election, within the strict timelines prescribed by the Electoral Act. The court's decision is binding unless successfully appealed, and it is expected to shape the legal framework for the conduct of the 2027 general elections.
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