2027 Polls: Court dismisses NDC’s suit on candidate qualification rules

The Federal High Court in Abuja has dismissed a lawsuit filed by the National Democratic Congress (NDC) that sought to invalidate key sections of Nigeria's Electoral Act 2026. The NDC's suit challenged the legality of section 138, which removed candidate qualification as a ground for election petitions, and section 77(5), which governs voter eligibility for party primaries.

In its judgment, delivered by Justice Muhammed Umar, the court stated that the issue concerning section 77(5) had already been addressed by the Court of Appeal. Regarding section 138, the court found no conflict with the 1999 Constitution, as amended. Justice Umar explained that the Electoral Act's provisions complement the constitution, which outlines qualifications and disqualifications for elective offices, while the Act details the procedures for handling disputes arising from party primaries.

The court emphasized that the Electoral Act allows aggrieved parties to challenge a candidate's qualification at the pre-election stage. "The provision of Section 138 of the Electoral Act 2026 complements the provision of the Constitution but is not in conflict with it," the court held, dismissing the NDC's contention of inconsistency.

Furthermore, the court upheld a preliminary objection raised by the Clerk of the National Assembly, who argued that the NDC's suit was incompetent due to its failure to serve a mandatory pre-action notice. Justice Umar ruled that the non-service of this notice rendered the suit invalid. The court concluded that the case was an attempt to interpret electoral laws and the constitution, and the mere inclusion of the Independent National Electoral Commission's (INEC) election timetable did not classify it as a pre-election matter.

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The provision of Section 138 of the Electoral Act 2026 complements the provision of the Constitution but is not in conflict with it. The contention of the plaintiff that Section 138 is inconsistent with the Constitution is of no merit.