A Federal High Court sitting in Abuja on Monday slated 6 June to hear a suit filed by the Nigeria Democratic Congress (NDC), seeking an order striking down Sections 138 and 77(5) of the Electoral Act, 2026.
The case, which was listed on the day’s cause list, could not proceed due to the absence of the trial judge, Justice Mohammed Umar.
Although counsel to the NDC, Vincent Ottaokpukpu, and defence lawyers, including O.J. Opawale, were in court, the judge was said to be attending to another official engagement, and the matter was subsequently fixed for 9 June for hearing.
The NDC, which was registered by the Independent National Electoral Commission (INEC) on 5 February, had in the suit marked FHC/ABJ/CS/635/2026, argued that the two sections are inconsistent with the 1999 Constitution (as amended).
The party, in the originating summons, listed the Attorney General of the Federation (AGF) and Clerk of the National Assembly, the Senate President and Chairman of the National Assembly, Sen. Godswill Akpabio, and INEC as 1st to 4th defendants respectively.
Ottaokpukpu, who filed the suit on 27 March, prayed the court for an order striking down the provisions of Section 138 for being inconsistent with the compulsory provisions of Sections 65(2)(a), 106(1)(c), 131(1)(d), 177(1)(d) and 66(1)(i), 107(1)(i), 137(1)(j) and 182(1)(j) of the 1999 Constitution (as amended).
He also sought an order directing the 1st, 2nd and 3rd defendants to amend and re-enact a new provision of the Electoral Act, 2026, to restore “qualification” as a ground for challenging the return of any candidate into the seats of the House of Representatives, Senate, State House of Assembly, presidency and governorship.
He said this is in line with the provisions of Sections 65(2)(a), 106(1)(c), 131(1)(d), 177(1)(d) and 66(1)(i), 107(1)(i), 137(1)(j) and 182(1)(j) of the Constitution.
Ottaokpukpu equally sought an order striking down Section 77(5) of the Electoral Act, 2026, for being inconsistent with the provisions of Sections 40, 65(2)(b), 106(1)(d), 131(1)(c) and 177(1)(c) of the 1999 Constitution, among others.
In the affidavit in support of the suit, Ezechi Adaobi, a litigation secretary in the law firm of V-C Ottaokpukpu & Associates, said the NDC, as a stakeholder in the Nigerian electoral process, will in future elections field candidates for various offices, including the presidency.
She said the National Assembly, under the stewardship of the 2nd and 3rd defendants, passed the Electoral Act, 2026 on 18 February, and that President Bola Tinubu, upon the recommendation of the Attorney General of the Federation, assented to the Act on 19 February.
Adaobi stated that the NDC’s national legal adviser, after reviewing the Electoral Act, 2022 and the new Act, observed that Section 77(5) provides that only members whose names are contained in a political party’s digital register transmitted to INEC 21 days before a primary election or convention shall be eligible to participate in primaries.
She said this provision is inconsistent with the Constitution, which does not prescribe a minimum duration a citizen must belong to a political party before being eligible to contest an election.
Adaobi further stated that, based on experience, party members dissatisfied with primary elections often seek refuge in other parties to participate in general elections, and urged the court to grant the reliefs sought in the interest of justice.
However, INEC, in its counter-affidavit filed on 27 April, disagreed with the NDC, arguing that the constitutional and statutory roles of the defendants are provided for by the Constitution and relevant enabling statutes, and not as characterised by the plaintiff.
INEC submitted that the Electoral Act, 2026, was validly passed by the National Assembly on 18 February and duly assented to by President Bola Tinubu.
The Commission stated that the Electoral Act, 2026, is now valid law within the federation and that Section 77 does not infringe upon the constitutional right of any person to form, participate in, or belong to any political party.
It further stated that the period allotted for the conduct of party primaries, from 23 April to 30 May (inclusive of the resolution of disputes arising therefrom), spans 38 clear days in compliance with the Electoral Act 2026 and the constitutional framework.
INEC averred that, by its timetable, political parties were given a window not less than the period prescribed for the conduct of party primaries.
The post “Court Fixes Hearing In NDC Suit Challenging Electoral Act Sections 138, 77(5)” — Judge’s Absence Stalls Case Against AGF, NASS, Akpabio, INEC appeared first on TheNigeriaLawyer.
