By John Azu
Judgment in a suit filed by the Nigeria Democratic Congress (NDC) challenging provisions of the Electoral Act, 2026, which exclude academic qualification as a ground for questioning the validity of an election, has been stalled.
The matter, which was scheduled for judgment before Justice Mohammed Umar of the Federal High Court, Abuja, did not proceed on Thursday after court officials informed counsel that the case was not listed.
The officials told lawyers that although the matter had earlier been fixed for judgment, a new date would be communicated by the court.
The NDC instituted the suit against 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).
In the originating summons filed by its counsel, Vincent Otaokpukpu, the party is challenging the constitutionality of Section 138 of the Electoral Act, 2026, which excludes a candidate’s qualification from the grounds upon which the election of a President, Governor, Senator, member of the House of Representatives or a State House of Assembly may be challenged.
The plaintiff contends that the provision is inconsistent with Sections 65(2)(a), 66(1), 106(1)(c), 107(1)(i), 131(d), 137(1)(i), 177(d) and 182(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which prescribe the qualifications and disqualifications for elective offices.
The NDC is, therefore, asking the court to declare the provision unconstitutional, null and void to the extent of its inconsistency with the Constitution.
The party is also seeking an order striking down Section 138 of the Electoral Act, 2026, and directing the defendants to initiate the amendment and re-enactment of the relevant provisions of the law to bring them into conformity with the Constitution.
The case is expected to proceed after the court communicates a new date for the delivery of judgment.