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By Tracy Moses
The House of Representatives on Wednesday passed key amendments to the Electoral Act, 2022, aimed at strengthening Nigeria’s electoral justice system by clarifying jurisdiction in pre-election matters and introducing technology-driven methods for the service of election petition processes ahead of the 2027 general elections.
The amendments, adopted during plenary following the consideration of a report by the House Committee on Electoral Matters, are expected to streamline the adjudication of electoral disputes, reduce procedural delays, and enhance the efficiency of the judicial process.
Presiding over the Committee of the Whole, Deputy Speaker Benjamin Kalu led lawmakers through the clause-by-clause consideration of the bills after they had earlier passed second reading.
Chairman of the House Committee on Electoral Matters, Adebayo Balogun, said the amendments were designed to address longstanding challenges in the administration of electoral justice, particularly delays arising from ambiguities in jurisdiction and the limitations of relying solely on physical service of court processes.
According to him, the objectives of the bills include “providing clarity and certainty on the jurisdiction of courts in pre-election matters; enhancing timely and efficient adjudication of pre-election matters; introducing flexible and technology-driven modes of service of election petition processes; and curbing delays and technicalities associated with service of court processes.”
Balogun noted that the current system, which depends heavily on physical service, has become increasingly outdated.
“The reliance on physical service alone is outdated and susceptible to manipulation, evasion, and logistical challenges. Technological advancements provide credible, verifiable, and efficient alternatives for the service of court processes,” he said.
One of the major amendments is to Section 29(8) of the Electoral Act, which now requires candidates to provide both physical and electronic contact details, including email addresses and telephone numbers, as part of their nomination documents.
Under the new provision, election petition processes may now be served through multiple channels, including personal delivery, registered post, email, SMS, and other approved digital means.
The amendment further states that service shall be deemed effective upon proof of transmission, while a respondent’s failure to acknowledge receipt will not invalidate the service.
It also recognises electronic delivery confirmations and system-generated records as valid proof of service.
Balogun explained that the reform is intended to eliminate avoidable delays that have often hampered the timely resolution of electoral disputes.
“There are delays in the service of election petition processes, which have significantly affected the timely resolution of electoral disputes. This amendment seeks to ensure that service is no longer frustrated by deliberate evasion or technical bottlenecks,” he said.
The legislation also introduces a new Section 29A to clearly define the jurisdiction of courts in pre-election matters.
Under the new framework, all pre-election cases relating to elections into the National Assembly, State Houses of Assembly, and the offices of Governor and Deputy Governor will commence at the Federal High Court, with appeals lying as of right to the Court of Appeal.
For presidential and vice-presidential pre-election disputes, original jurisdiction is vested in the Court of Appeal, while appeals from such matters will terminate at the Supreme Court.
The amendment expressly provides that no court shall entertain any pre-election matter except in accordance with these jurisdictional provisions.
Balogun said the clarification would help eliminate conflicting judicial decisions and reduce unnecessary preliminary objections.
“There exists ambiguity and inconsistency in the current legal framework governing jurisdiction for pre-election matters, leading to conflicting judicial decisions. The delineation of jurisdiction will significantly reduce preliminary objections and expedite the hearing of pre-election matters,” he stated.
He added that assigning original jurisdiction over presidential pre-election disputes to the Court of Appeal reflects the importance and urgency of such cases.
“Granting original jurisdiction to the Court of Appeal in presidential pre-election matters is consistent with the importance and urgency of such disputes,” he said.
The lawmaker further stressed that the amendments are in line with Section 285 of the 1999 Constitution (as amended) and conform to international best practices in electoral dispute resolution.
“The Committee is of the considered view that the proposed amendments will significantly improve the administration of electoral justice in Nigeria. By clarifying jurisdictional boundaries and embracing technology in the service of processes, the bills will promote efficiency, reduce delays, discourage frivolous objections, and strengthen the credibility of the electoral system,” Balogun said.
During deliberations, a member representing Sokoto, Abdussamad Dasuki, raised concerns about the possibility of electronic communications being diverted to spam folders, potentially affecting proper service.
However, both Kalu and Balogun clarified that the electronic service provisions are intended to complement, rather than replace, traditional methods of service.
“This amendment is not designed to abolish physical service,” Kalu explained. “Rather, it is to expand the available modes of communication and ensure that the service of processes is more efficient, reliable, and less susceptible to abuse.”
With the passage of the amendments, the House has taken a significant step toward modernising Nigeria’s electoral legal framework and ensuring a more efficient, transparent, and credible system for resolving pre-election disputes ahead of the 2027 polls.