Court To Hear NDC Electoral Act Suit May 25

The Federal High Court in Abuja has scheduled a hearing for May 25 in a suit filed by the Nigeria Democratic Congress (NDC) seeking to nullify two provisions of the newly signed Electoral Act, 2026, which the party argues are at odds with the Nigerian Constitution.

The NDC, through its counsel Vincent Ottaokpukpu, is asking Justice Mohammed Umar to strike down Sections 138 and 77(5) of the Act, contending that both provisions conflict with multiple sections of the 1999 Constitution as amended, and should therefore be declared null and void.

At the heart of the challenge is Section 138, which the party says no longer recognises “qualification” as a valid basis for contesting election results. According to the NDC, this omission creates a direct conflict with constitutional provisions that clearly spell out eligibility requirements for elective offices ranging from state Houses of Assembly all the way to the presidency. The party argues that since the Constitution itself has not been amended to remove those eligibility benchmarks, the Electoral Act cannot lawfully strip courts of the power to hear qualification based election petitions.

The suit, filed on March 27 under case number FHC/ABJ/CS/635/2026, names four defendants, the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC).

During a previous court session, only the NDC’s lawyer and INEC’s counsel, Chief Alex Iziyon (SAN), were present. No legal representatives appeared on behalf of the AGF, the NASS Clerk, or the Senate President, even though court records confirmed all three had been served with hearing notices on April 20. The NDC’s counsel noted that the defendants were still within the statutory 14 day response window and applied for an adjournment, which the court granted.

The NDC, registered by INEC on February 5 this year, maintains that as a political party intending to field candidates at all levels in future elections, including the presidency, it has a direct stake in how the Electoral Act is structured.

The party is also asking the court to compel the defendants to amend the Act and restore qualification as a recognised ground for challenging election outcomes.