The Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress, NDC, challenging provisions of the Electoral Act 2026 on the qualification and disqualification of candidates for elective offices.
Justice Muhammed Umar held that the action, 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 had sued the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio and the Independent National Electoral Commission, INEC, seeking declarations that Sections 138 and 77(5) of the Electoral Act 2026 were unconstitutional.
The plaintiff also urged the court to hold that questions bordering on candidate qualification could still be raised after elections.
Justice Umar upheld preliminary objections challenging the competence of the suit. He ruled that the plaintiff failed to serve a pre-action notice on the Clerk of the National Assembly, and struck out the action against him.
On the substantive issue, the judge held that the Constitution prescribes qualifications, while the Electoral Act provides procedure and timelines for disputes arising from party primaries.
“The provision of Section 138 of the Electoral Act 2026 complements the provision of the Constitution, but is not in conflict with it,” he ruled.
