By John Azu
A human rights lawyer, Nkereuwem Akpan has urged a Federal High Court in Abuja to nullify the newly enacted Electoral Act 2026 for being inconsistent with constitutional provisions on forged qualifications by political aspirants.
In the originating summons brough before the court, Akpan is contending that by the provisions of sections 66(1)(i),137(1)(j), 182(1)(j), 107(1)(i), of the Nigerian Constitution, that bars individuals who submit forged certificates from contesting for the offices of President, Governor, and membership of the National and State Houses of Assembly, the provision of Section 138 of the Electoral Act 2026, that removes such as a ground for challenging elections, is unconstitutional and in conflict with the constitution.
Akpan, who is suing as a citizen of Nigeria, wants the court to determine whether he is entitled to seek an interpretations of the relevant provisions of the constitution, especially under sections 6(6)(a)(b), 36(1), 66(1)(i) ,137(1)(j), 182(1)(j), 107(1)(0) and 251 of the 1999 Constitution for the interpretation of the Electoral Act, had joined the National Assembly and the Independent National Electoral Commission (INEC) as defendants in the matter.
Akpan also seeks the court’s interpretation of the court on the provision of Section 1(3) of the Nigerian Constitution, which provides that any other law that is inconsistent with the provisions of the Constitution, the Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void, with reference to Section 138 of the Electoral Act 2026.
Therefore, he requests a declaration that “in pre-qualifying candidates for any ongoing or future elections the 2nd Defendant (INEC) cannot validly ignore the express provisions of sections 66(1)() ,137(1)G), 182(1)6), 107(1)(i) and of the Constitution, that bars individuals who submit forged certificates from contesting for the offices of President, Governor, and Membership of the National and State Houses of Assembly the in view of the provision of Section 138 of the Electoral Act 2026.
“A declaration that in the resolution of any post or pre-election contest, dispute and or litigation, the courts cannot give any preeminence to the provisions of Section 138 of the Electoral Act 2026 over and above the provisions of sections 66(1)(i),137(1)(j), 182(1)(j), 107(1)(i) and of the Constitution, that bars individuals who submit forged certificates from contesting for the offices of President, Governor, and membership of the National and State Houses of Assembly.
“General damages in the sum of N5,000,000 (five million naira) against the 1st Defendant (National Assembly).
“Such punitive examplary/punitive damages against the 1st defendant as the court may deem fit.”
The lawyer also demanded the award of the cost of action and an apology to the Nigerian people to be published in at least 20 national newspapers and its website for the “flagrant abuse of their oath of allegiance” against the National Assembly.
Meanwhile, Justice Obiora Egwuatu had fixed June 22 for the hearing.