By John Azu
A Federal High Court in Abuja has dismissed a suit filed by the Nigeria Democratic Congress (NDC) challenging provisions of the Electoral Act 2026 that exclude academic qualifications as a ground for questioning the election of candidates in the 2027 general elections.
Delivering judgment on Tuesday, Justice Mohammed Umar held that the suit lacked merit, ruling that the relevant provisions of the Electoral Act complement, rather than conflict with, the 1999 Constitution.
The NDC had sued the Attorney General of the Federation and Minister of Justice, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC), seeking to invalidate Section 138 of the Electoral Act 2026.
The party argued that the provision, which excludes qualification as a basis for challenging the return of elected candidates, is inconsistent with relevant sections of the Constitution prescribing educational qualifications and disqualifications for elective offices.
Justice Umar upheld the preliminary objections challenging the competence of the suit, holding that the plaintiff was merely asking the court to interpret constitutional and statutory provisions.
“The plaintiff is invoking the interpretative jurisdiction of this honourable court in respect of the provisions of the Electoral Act 2026 on the one hand and the 1999 Constitution on the other hand,” the judge said.
He further ruled that the attachment of INEC’s election timetable to the originating summons did not convert the matter into a pre-election case.
“The mere fact that the defendant’s timetable is attached cannot make the case one within the contemplation of Section 285. There is no deposition before the court that raises any issue relating to the timetable,” Justice Umar held.
On the objection raised by the Clerk of the National Assembly, the court found that the plaintiff failed to comply with the statutory requirement of serving a pre-action notice before commencing the suit.
Justice Umar also held that any challenge to the qualification or disqualification of a candidate who emerged from a political party’s primary election must be instituted during the pre-election period.
He further ruled that, when read alongside other provisions of the Electoral Act, Section 138 is not inconsistent with the Constitution.
In the suit filed through its counsel, Vincent Otaokpukpu, the NDC contended that excluding qualification as a ground for challenging the return of elected candidates to the offices of President, Governor, Senator, Member of the House of Representatives, and State House of Assembly violates Sections 65(2)(a), 66(1), 106(1)(c), 107(1), 131(1)(d), 137(1)(i), 177(1)(d), and 182(1)(i) of the 1999 Constitution (as amended).
The party urged the court to declare Section 138 of the Electoral Act 2026 unconstitutional, null and void, and to direct the defendants to amend the law to bring it into conformity with the Constitution.
However, the court declined the request and dismissed the suit in its entirety.