The Federal High Court in Abuja on Tuesday dismissed a suit filed by the National Democratic Congress (NDC) challenging provisions of the Electoral Act 2026 on the qualification and disqualification of candidates for elective offices.
Delivering judgment in suit number FHC/ABJ/CS/635/2025, Justice Muhammed Umar held that the case lacked merit, ruling that the contested provisions of the Act complement, rather than conflict with, the 1999 Constitution.
The NDC had sued the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC), seeking declarations that Sections 138 and 77(5) of the Electoral Act were unconstitutional. The party also argued that questions about candidate qualifications could still be raised after elections.
The NDC had sued the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC), seeking declarations that Sections 138 and 77(5) of the Electoral Act were unconstitutional. The party also argued that questions about candidate qualifications could still be raised after elections.
Justice Umar, however, upheld preliminary objections against the competence of the suit, noting that the plaintiff was merely inviting the court to interpret constitutional and statutory provisions. He stressed that attaching INEC’s election timetable to the originating summons did not transform the matter into a pre-election dispute under Section 285 of the Constitution.
On the objection raised by the Clerk of the National Assembly, the judge ruled that the NDC failed to serve the required pre-action notice, rendering the suit incompetent against the Clerk.
Addressing the substantive issue, Justice Umar rejected the argument that Section 138 of the Electoral Act was inconsistent with constitutional provisions. He explained that while the Constitution prescribes qualifications and disqualifications for elective offices, the Electoral Act sets out procedures and timelines for challenging candidates at the pre-election stage.
“The provision of Section 138 of the Electoral Act 2026 complements the Constitution, but is not in conflict with it. The contention of the plaintiff is of no merit,” he ruled.
The judge also declined to invalidate Section 77(5), noting that the Court of Appeal had already pronounced on the matter, and lower courts are bound by precedent.
In conclusion, Justice Umar dismissed the suit, stating that it had “no value.”
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com