Federal High Court Strikes Down Electoral Act Provision

The Federal High Court in Abuja has struck down Section 83(6)(b) of the Electoral Act 2026, declaring it null and void. This provision imposed a ₦10m fine on lawyers and litigants who file suits related to political party internal affairs. The court held that this regulation unlawfully restricts the discretionary powers of judges, highlighting a significant development in Nigeria's electoral law.

The Federal High Court sitting in Abuja has declared Section 83(6)(b) of the Electoral Act 2026 null and void, striking down the provision that imposed a ₦10m fine on lawyers and litigants who file suits related to political party internal affairs. This ruling is significant as it addresses concerns over judicial discretion and the regulation of costs in electoral matters.

The Nigerian Electoral Act 2026 was enacted to regulate various aspects of elections, including the conduct of parties and their internal affairs. Section 83(6)(b) of the Act prescribed a minimum cost of ₦10m for counsel and litigants who file suits related to party internal affairs. However, this provision has been challenged in court, with the Federal High Court now declaring it null and void.

The court's ruling is significant as it highlights concerns over judicial discretion and the regulation of costs in electoral matters. The decision underscores the importance of ensuring that judges have the flexibility to manage cases without undue restrictions. This development may impact the way lawyers and litigants approach suits related to political party internal affairs, potentially leading to a more nuanced understanding of the regulatory framework.

The striking down of Section 83(6)(b) of the Electoral Act 2026 has significant implications for the regulation of costs in electoral matters. Practitioners should be aware of this development and its potential impact on future cases related to political party internal affairs. The outcome of this matter highlights the ongoing need for clarity and consistency in Nigeria's electoral law.