The Federal High Court in Abuja has scheduled May 25 for hearing in a suit filed by the Nigeria Democratic Congress (NDC) challenging some provisions of the Electoral Act, 2026.
The political party is asking the court to nullify Sections 138 and 77(5) of the new law, arguing that the provisions conflict with the 1999 Constitution as amended.
Justice Mohammed Umar fixed the hearing date on Thursday after counsel representing the Attorney-General of the Federation (AGF) failed to appear in court despite being served with the court processes and hearing notice.
The suit, marked FHC/ABJ/CS/635/2026, was instituted by the NDC, a political party recently registered by the Independent National Electoral Commission (INEC) on Feb. 5.
Listed as defendants in the matter are the AGF, the Clerk of the National Assembly, Senate President Godswill Akpabio in his capacity as Chairman of the National Assembly, and INEC.
At the resumed sitting, all parties except the AGF were represented.
Counsel to the NDC, Vincent Ottaokpukpu, informed the court that the AGF had been duly served but was absent. The court registrar confirmed the service.
Ottaokpukpu also told the court that the second and third defendants had only recently served their memorandum of appearance on the plaintiff.
According to him, the plaintiff had already responded to INEC’s counter affidavit and preliminary objection by filing additional processes.
“We have responded by filing our further and better affidavit and a reply on point of law and also, a counter affidavit and a reply on point of law to their notice of preliminary objection.
“The 4th defendant also filed their reply on point of law,” he said.
Lawyers representing the Clerk of the National Assembly and Senate President requested more time to file their counter affidavits.
Counsel to INEC, Alex Iziyon, SAN, told the court that the electoral body had already complied by filing a reply on points of law to the plaintiff’s response against its preliminary objection.
Following the submissions, Justice Umar directed all parties to regularise and file the necessary processes before the next adjourned date.
The judge further ordered that a hearing notice be issued and served on the AGF ahead of the May 25 proceedings.
In the suit filed on March 27, the NDC is seeking several reliefs from the court, including an order striking down Section 138 of the Electoral Act, 2026.
The party argued that the section contradicts constitutional provisions relating to qualifications and disqualifications for elective offices such as president, governor, senator and members of the House of Representatives and state assemblies.
The plaintiff is also asking the court to compel the defendants to amend and re-enact provisions of the Electoral Act to restore “qualification” as a valid ground for challenging the return of elected candidates.
In addition, the party wants Section 77(5) of the Electoral Act, 2026 declared unconstitutional.
According to the NDC, the section, which limits participation in party primaries to members whose names appear in a digital register submitted to INEC at least 21 days before the primary election, violates constitutional rights.
An affidavit filed in support of the suit by Ezechi Adaobi, a litigation secretary at V-C Ottaokpukpu & Associates, stated that the party considered the provision inconsistent with constitutional guarantees on political participation.
Adaobi explained that the constitution did not specify a minimum duration for political party membership before an individual could contest an election.
She further noted that politicians dissatisfied with the outcome of party primaries often move to other parties before general elections.
“From experience, members who are dissatisfied by the conduct of primaries in their respective parties usually seek refuge in other parties to enable them participate in the general elections,” she said.
The deponent urged the court to grant the reliefs sought by the party in the interest of justice.
However, INEC, in a counter affidavit filed on April 27, opposed the suit and defended the validity of the Electoral Act, 2026.
The commission maintained that the law was properly enacted by the National Assembly and duly assented to by President Bola Tinubu in line with constitutional provisions.
INEC argued that Section 77 of the Electoral Act does not infringe on citizens’ constitutional rights to belong to or participate in political parties.
The electoral body also stated that the timetable for party primaries, fixed between April 23 and May 30, provided sufficient time for compliance with the law.
According to INEC, political parties have adequate opportunity within the stipulated period to organise their primaries in line with the Electoral Act and constitutional requirements.
Senator Seriake Dickson, representing Bayelsa West Senatorial District, is currently the national leader of the NDC.
