Court dismisses NDC suit against Electoral Act eligibility rules

A Federal High Court in Abuja has dismissed a lawsuit filed by the National Democratic Congress (NDC) that challenged provisions of the Electoral Act 2026 concerning candidate eligibility and disqualification. Justice Muhammed Umar ruled on Tuesday that the suit lacked merit.

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The plaintiff is invoking the interpretative jurisdiction of this honourable court in respect of the provisions of the Electoral Act 2026 on the one hand and the 1999 Constitution on the other hand.

The court found that the disputed sections of the Electoral Act complement, rather than conflict with, the 1999 Constitution. The NDC had sought declarations that Sections 138 and 77(5) of the Act were unconstitutional, arguing that questions about candidate qualifications could be raised even after elections.

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The fact that the defendant’s timetable is attached cannot make the case within the contemplation of Section 285… there is no deposition… that raises questions as to the timetable.

Justice Umar upheld preliminary objections, stating the NDC was essentially asking the court to interpret constitutional and statutory provisions. He noted that attaching INEC's election timetable did not transform the case into a pre-election matter. The judge also ruled that the suit against the Clerk of the National Assembly was incompetent because the NDC failed to serve a mandatory pre-action notice.

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The plaintiff failed to comply with the statutory requirement of serving a pre-action notice before commencing proceedings.

Regarding the substantive issue, the judge rejected the NDC's argument that Section 138 of the Electoral Act was inconsistent with constitutional provisions. He clarified that while the Constitution outlines qualifications and disqualifications, the Electoral Act provides the procedure and timeline for addressing disputes arising from party primaries. The court emphasized that any challenges to a candidate's eligibility must be raised at the pre-election stage.

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The Constitution prescribes the qualifications and disqualifications for elective offices, while the Electoral Act merely provides the procedure and timeline for ventilating disputes arising from party primaries.