Federal High Court Dismisses NDC Suit Challenging Electoral Act 2026 Candidate Eligibility Provisions

A Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress challenging provisions of the Electoral Act 2026 relating to the qualification and disqualification of candidates for elective positions.
Justice Muhammed Umar ruled that the suit lacked merit and that the disputed sections of the law complement rather than conflict with the 1999 Constitution.
The NDC had asked the court to declare Sections 138 and 77(5) of the Electoral Act 2026 unconstitutional and to affirm that issues concerning candidates' eligibility could still be challenged after elections.
The party listed the Attorney General of the Federation, Clerk of the National Assembly, Senate President Godswill Akpabio and the Independent National Electoral Commission as defendants in the case.
Justice Muhammed Umar upheld preliminary objections raised by the defendants, ruling that the suit was mainly an invitation for the court to interpret constitutional and statutory provisions. The judge also held that attaching INEC's election timetable did not make the case a pre-election matter and struck out the name of the Clerk of the National Assembly after finding that the required pre-action notice was not served.