The Federal High Court in Abuja has fixed May 25 for hearing a suit by the Nigeria Democratic Congress (NDC) seeking to nullify two provisions of the newly signed Electoral Act, 2026, which the party says conflict with the 1999 Constitution (as amended).
Through counsel Vincent Ottaokpukpu, the NDC has asked Justice Mohammed Umar to strike down Sections 138 and 77(5) of the Act. The party argues that those provisions are inconsistent with constitutional provisions that set out eligibility requirements for elective offices from state houses of assembly to the presidency, and that the Electoral Act cannot lawfully remove courts’ power to adjudicate qualification-based election petitions.
Central to the challenge is Section 138, which the NDC says no longer recognises “qualification” as a ground for contesting election results. The party contends the omission conflicts with constitutional eligibility benchmarks that remain unamended.
The suit, filed on March 27 under case number FHC/ABJ/CS/635/2026, names four defendants: the Attorney-General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC).
At a previous court session only the NDC’s lawyer and INEC’s counsel, Chief Alex Iziyon (SAN), were present. No legal representatives appeared for the AGF, the NASS clerk or the Senate president, despite court records showing they were served with hearing notices on April 20. The NDC’s counsel noted the defendants were still within the statutory 14-day response period and applied for an adjournment, which the court granted.
The NDC — registered by INEC on February 5, 2026 — says it has a direct interest in the matter as a party intending to field candidates at all levels, including the presidency. It is asking the court to declare the challenged sections null and void and to order that “qualification” be restored as a recognised ground for challenging election outcomes.
