A legal challenge has been filed at a court yet to be assigned, questioning key provisions of the Electoral Act 2026 and seeking judicial interpretation of its compatibility with the 1999 Constitution.
The suit lists the Independent National Electoral Commission (INEC), the National Assembly, and the Attorney General of the Federation (AGF) as defendants.
The plaintiff, Mr. Nnamdi, argues that certain sections of the new electoral law significantly alter how election disputes and candidate qualifications can be challenged in Nigeria.
Central to the case is Section 138(1) of the Electoral Act 2026, which the plaintiff claims removes provisions that previously allowed election victories to be challenged on the basis of a candidate’s constitutional eligibility or disqualification.
Under the disputed law, election petitions are said to be limited mainly to issues of corrupt practices, non-compliance with the Act, or claims that a candidate was not duly elected by majority lawful votes.
The plaintiff argues that this change undermines constitutional provisions relating to qualification and disqualification for elective office, citing several sections of the 1999 Constitution.
He further contends that the amendment could prevent courts from reviewing cases where an unqualified candidate is declared winner by INEC, thereby limiting legal remedies for affected opponents.
The suit also challenges Section 63(2), which deals with the acceptance or rejection of ballot papers, arguing that it grants excessive discretion to electoral officials and could increase the risk of manipulation.
In addition, the plaintiff questions Section 77(4), which governs party membership lists and internal party processes, alleging that it may restrict citizens’ rights to freely join political parties and participate in internal political activities.
Other provisions under scrutiny include Sections 83(5) and (6), which the plaintiff claims restrict judicial review of internal party disputes, potentially limiting access to the courts.
The plaintiff is asking the court to declare the disputed provisions unconstitutional, null, and void, and to provide a judicial interpretation of their alignment with the 1999 Constitution.
He also accuses the National Assembly of undermining constitutional safeguards and alleges that the Attorney General failed to properly advise the President before the bill was assented to.
The suit further references past election disputes, including claims raised during the 2023 presidential election concerning candidate qualifications and court challenges.
The case highlights ongoing tensions between electoral reform, constitutional rights, and the legal framework governing elections in Nigeria.
