The Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) challenging key provisions of the Electoral Act 2026 relating to the qualification and disqualification of candidates seeking elective offices in Nigeria.
In a judgment delivered on Tuesday, Justice Muhammed Umar ruled that the suit lacked merit, holding that the disputed sections of the Electoral Act are consistent with the provisions of the 1999 Constitution and do not violate any constitutional rights.
The case, marked FHC/ABJ/CS/635/2025, sought to invalidate Sections 138 and 77(5) of the Electoral Act 2026, which outline conditions for determining the eligibility and disqualification of candidates contesting elections.
The NDC, the plaintiff in the matter, argued that the provisions were unconstitutional and asked the court to declare them null and void. The party named the Attorney-General of the Federation, the Clerk of the National Assembly, Senate President, Godswill Akpabio, and the Independent National Electoral Commission (INEC) as defendants in the suit.
However, Justice Umar held that the challenged provisions do not conflict with the 1999 Constitution. According to the court, the Electoral Act merely complements the Constitution by providing additional legal guidelines for the conduct of elections and determining the eligibility of candidates.
The ruling reinforces the validity of the Electoral Act 2026 and affirms the legal framework governing the qualification and disqualification of candidates seeking elective offices in Nigeria.
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