The Federal High Court in Abuja on Monday adjourned a suit filed by Nigeria
Democratic Congress (NDC) seeking an order striking down Sections 138 and
77(5) of the new Electoral Act, 2026, until June 9 for hearing.
The case, which was listed on the day’s cause list, could not proceed due to Justice
Mohammed Umar’s absence.
Although the NDC’s lawyer, Vincent Ottaokpukpu, and the defence lawyers,
including O.J. Opawale, were in court, the judge was said to be on another official
engagement.
The NDC, in the suit, argued that the two sections are inconsistent with the 1999
Constitution (as amended).
The NDC, which was registered by the Independent National Electoral
Commission (INEC) on Feb. 5, had filed the suit marked: FHC/ABJ/CS/635/2026.
The party, in the originating summons, sued the Attorney-General of the
Federation (AGF) and Clerk of the National Assembly (NASS) as 1st and 2nd
defendants.
It also joined Senate President and Chairman of the National Assembly, Sen.
Godswill Akpabio, and INEC as 3rd to 4th defendants respectively.
Ottaokpukpu, who filed the suit on March 27, prayed the court to grant their reliefs
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 of challenging the return of any candidate into the seats of the House of
Representatives, Senate, House of Assembly, president and governor.
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.
But INEC, in its counter affidavit filed on April 27, disagreed with the NDC.
It argued that the constitutional and statutory roles of the 1st, 2nd and 3rd
defendants are provided by the constitution and the 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 Feb. 18 and duly assented to by President Bola Tinubu.
It said that the National Assembly passed the Electoral Act, 2026, in accordance
with the 1999 Constitution.
The commission stated that President Tinubu assented to the Electoral Act, 2026
and that the same is now law within the federation.
