The Federal High Court in Abuja has adjourned a suit filed by the Nigeria Democratic Congress (NDC) seeking to nullify Sections 138 and 77(5) of the Electoral Act, 2026, until June 9 for hearing.
The matter, which came up on Monday before Justice Mohammed Umar, could not proceed due to the judge’s absence, as he was said to be attending another official engagement.
Although counsel to the NDC, Vincent Ottaokpukpu, alongside lawyers representing the defendants, including O.J. Opawale, were present in court, the case was subsequently rescheduled.
The NDC had instituted the suit marked FHC/ABJ/CS/635/2026, challenging what it described as unconstitutional provisions in the newly enacted Electoral Act, 2026.
The party, which was officially registered by the Independent National Electoral Commission (INEC) on February 5, sued the Attorney-General of the Federation (AGF), the Clerk of the National Assembly, Senate President Godswill Akpabio, and INEC as 1st to 4th defendants respectively.
In the suit filed on March 27, the NDC argued that Sections 138 and 77(5) of the Electoral Act conflict with provisions of the 1999 Constitution (as amended).
The party specifically asked the court to strike down Section 138, arguing that it unlawfully removes “qualification” as a valid ground for challenging the election of candidates into the offices of president, governor, Senate, House of Representatives, and state Houses of Assembly.
According to the plaintiff, the provision contradicts several constitutional sections relating to eligibility and disqualification for public office.
The NDC also urged the court to direct the National Assembly to amend the Electoral Act and restore qualification as a constitutional basis for election petitions.
In addition, the party challenged Section 77(5) of the Act, which provides that only party members whose names appear in a digital register submitted to INEC at least 21 days before a primary election or convention can participate in such primaries.
The NDC argued that the provision violates constitutional rights to freedom of association and political participation, insisting that the Constitution does not prescribe a minimum duration for party membership before contesting elections.
In an affidavit supporting the suit, a litigation secretary at V-C Ottaokpukpu & Associates, Ezechi Adaobi, stated that politicians dissatisfied with primary elections in their parties often defect to other parties ahead of general elections, and that the disputed provision unfairly restricts such political movements.
However, INEC, in its counter-affidavit filed on April 27, defended the legality of the Electoral Act, 2026, insisting that the law was validly passed by the National Assembly and duly assented to by President Bola Tinubu.
The electoral body maintained that Section 77(5) does not infringe on citizens’ constitutional rights to belong to or participate in political parties.
INEC further argued that its timetable for party primaries — scheduled between April 23 and May 30 — complies fully with constitutional and statutory requirements.
The commission urged the court to dismiss the suit, insisting that the provisions being challenged are lawful and consistent with Nigeria’s electoral framework.
Meanwhile, the News Agency of Nigeria (NAN) reports that Senator Seriake Dickson currently serves as the national leader of the NDC, while former Anambra State Governor, Peter Obi, has reportedly been cleared to contest the party’s presidential primary.
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