Federal High Court Dismisses NDC Suit Against Electoral Act Eligibility Rules

• The Federal High Court in Abuja dismissed a suit filed by the Nigeria Democratic Congress challenging provisions of the Electoral Act 2026 on candidate qualification and disqualification.
• Justice Muhammed Umar ruled that the NDC suit lacked merit, citing non-compliance with statutory requirements for serving a pre-action notice.
• The court held that Section 138 of the Electoral Act complements constitutional provisions governing qualification and disqualification for elective offices.

The provision of Section 138 of the Electoral Act 2026 complements the provision of the Constitution, but is not in conflict with it.

The Nigeria Democratic Congress (NDC) had filed a suit against several defendants, including the Attorney General of the Federation and the Independent National Electoral Commission, seeking to challenge provisions of the Electoral Act 2026 on candidate qualification and disqualification. The NDC argued that Sections 138 and 77(5) of the Electoral Act were unconstitutional, but their claims were met with preliminary objections from the defendants. Specifically, the Clerk of the National Assembly raised an objection regarding the non-compliance with statutory requirements for serving a pre-action notice before commencing proceedings.

The Federal High Court in Abuja dismissed the NDC suit, ruling that it lacked merit. Justice Muhammed Umar held that the action was an attempt to invoke the interpretative jurisdiction of the court regarding constitutional and statutory provisions. The judge emphasized that the mere attachment of INEC's election timetable to the originating summons did not transform the case into a pre-election matter. Instead, he ruled that the plaintiff failed to provide sufficient evidence to raise questions about the qualification of candidates after elections.

The court's ruling highlighted the importance of addressing electoral disputes at the primary election level. Justice Umar held that Section 138 of the Electoral Act complements, rather than conflicts with, constitutional provisions governing qualification and disqualification for elective offices. He further emphasized that the provision is not inconsistent with the Constitution when read together with other provisions of the Electoral Act. The judge's decision underscores the need for political parties to address electoral issues promptly during primary elections.

Lawyers and compliance officers should note that the Federal High Court's ruling may limit opportunities for pre-election challenges to electoral candidates' qualifications, emphasizing the importance of addressing such issues at the primary election level.

Source: Original reporting via The PUNCH