The Federal High Court sitting in Abuja on Monday postponed the hearing of a suit instituted by the Nigeria Democratic Congress, which is seeking the nullification of Sections 138 and 77(5) of the Electoral Act, 2026.
The matter was adjourned until June 9 after proceedings could not go on due to the absence of the presiding judge, Justice Mohammed Umar.
Although counsel to the NDC, Vincent Ottaokpukpu, alongside lawyers representing the defendants, including O.J. Opawale, were present in court, the judge was reportedly engaged in another official assignment. Following the development, the case was rescheduled for hearing on the new date.
Justice Umar had earlier, on May 8, fixed May 25 for the commencement of hearing in the matter.
The NDC, recently registered by the Independent National Electoral Commission (INEC) on February 5, filed the suit marked FHC/ABJ/CS/635/2026, arguing that the disputed sections of the Electoral Act conflict with provisions of the 1999 Constitution as amended.
In the suit, the party listed the Attorney-General of the Federation and the Clerk of the National Assembly as the first and second defendants respectively. Also joined in the suit are Senate President Godswill Akpabio, who is also Chairman of the National Assembly, and INEC as third and fourth defendants.
The originating summons, filed on March 27 by Mr Ottaokpukpu, asked the court to invalidate Section 138 of the Electoral Act, 2026 on the grounds that it contradicts constitutional provisions relating to qualification and disqualification for elective offices contained in Sections 65 (2)(a), 106 (1)(c), 131 (1)(d), 177 (1)(d), 66 (1)(i), 107 (1)(i), 137 (1)(j) and 182 (1)(j) of the Constitution.
The plaintiff also requested an order compelling the defendants to amend and reenact provisions of the Electoral Act to restore “qualification” as a basis for challenging the election of candidates into the offices of president, governor, Senate, House of Representatives and state Houses of Assembly.
In addition, the NDC is seeking the nullification of Section 77(5) of the Electoral Act, 2026, arguing that it conflicts with Sections 40, 65 (2)(b), 106 (1)(d), 131 (1)(c) and 177 (1)(c) of the Constitution.
According to an affidavit supporting the suit, deposed to by Ezechi Adaobi, a litigation secretary with V-C Ottaokpukpu & Associates, the National Assembly passed the Electoral Act, 2026 on February 18 under the leadership of the second and third defendants, while President Bola Tinubu assented to the legislation on February 19 following the recommendation of the Attorney-General of the Federation.
Ms Adaobi stated that the NDC’s national legal adviser reviewed both the Electoral Act, 2022 and the new 2026 law and observed that Section 77(5) restricts participation in party primaries to only those members whose names appear in a political party’s digital register submitted to INEC at least 21 days before the primary election or convention.
She maintained that the constitutional provisions do not prescribe any minimum duration of party membership as a condition for contesting elections. According to her, politicians dissatisfied with the outcome of primaries in their parties often defect to other political parties in order to participate in general elections.
She subsequently urged the court to grant the reliefs sought by the party in the interest of justice.
INEC, however, opposed the suit in a counter affidavit filed on April 27. The commission argued that the powers and responsibilities of the Attorney-General, the Clerk of the National Assembly and the Senate President are clearly defined by the Constitution and relevant statutes, contrary to the claims made by the plaintiff.
The electoral body further maintained that the Electoral Act, 2026 was lawfully enacted by the National Assembly on February 18 and validly signed into law by President Tinubu the following day in accordance with constitutional provisions.
INEC also argued that Section 77 of the Electoral Act does not violate the constitutional rights of citizens to form, belong to or participate in political parties.
The commission added that the timetable for party primaries, scheduled between April 23 and May 30, including the resolution of disputes arising from the exercises, provides a 38-day period that complies fully with the Electoral Act and constitutional requirements.
According to INEC, political parties were given sufficient time within the approved timetable to conduct their primaries in line with the law.
Meanwhile, Senator Seriake Dickson, representing Bayelsa West Senatorial District, currently serves as the national leader of the NDC, while former Anambra State Governor Peter Obi has been cleared to participate in the party’s presidential primary.
