By Our Reporter
The Federal High Court in Abuja has scheduled May 25 for the hearing of a suit filed by the Nigeria Democratic Congress (NDC), challenging Sections 138 and 77(5) of the Electoral Act 2026.
The suit, marked FHC/ABJ/CS/635/2026, was instituted before Justice Mohammed Umar by the newly registered political party, which argues that the contested provisions contradict the 1999 Constitution, as amended.
The NDC listed the Attorney-General of the Federation (AGF), the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC) as defendants in the case.
At Thursday’s proceedings, counsel to the AGF was absent despite reportedly being served with the court processes and hearing notice.
Counsel to the plaintiff, Vincent Ottaokpukpu, informed the court that the AGF had been duly notified but failed to appear. The court registrar confirmed the service.
Ottaokpukpu also told the court that the second and third defendants had recently filed their memoranda of appearance, while INEC had submitted a counter-affidavit and preliminary objection.
According to him, the plaintiff had already responded with further affidavits and replies on points of law to the objections raised.
Lawyers representing the Clerk of the National Assembly and the Senate President requested additional time to file their counter-affidavits, while INEC’s counsel, Alex Iziyon (SAN), said the electoral body had complied with all necessary filings.
Justice Umar subsequently directed all parties to regularise their processes before the next adjourned date and ordered that a hearing notice be reissued and served on the AGF.
In the suit filed on March 27, the NDC is asking the court to invalidate Section 138 of the Electoral Act 2026 on grounds that it conflicts with constitutional provisions relating to qualifications and disqualifications for elective offices.
The party is also seeking an order compelling the National Assembly and other defendants to amend the law to restore “qualification” as a basis for challenging the election of candidates into offices such as president, governor, senator, and members of legislative houses.
In addition, the NDC wants Section 77(5) of the Act struck down, arguing that it violates constitutional guarantees on political participation and freedom of association.
An affidavit filed in support of the suit by litigation secretary Ezechi Adaobi stated that the disputed provision requires only party members whose names appear in a digital register submitted to INEC at least 21 days before a primary election to participate in such primaries.
According to the affidavit, the constitution does not prescribe any minimum duration of party membership before a person can contest an election.
Adaobi further argued that politicians dissatisfied with their parties’ primaries often defect to other parties to pursue electoral ambitions, and the provision could unfairly restrict such participation.
However, INEC, in its counter-affidavit filed on April 27, defended the legality of the Electoral Act 2026, insisting it was duly passed by the National Assembly and signed into law by President Bola Tinubu.
The commission maintained that Section 77(5) does not infringe on citizens’ constitutional rights to belong to political parties.
INEC also argued that the timetable for party primaries, fixed between April 23 and May 30, complies fully with constitutional and statutory requirements.