The House of Representatives has passed amendments to the Electoral Act 2026, introducing major changes to how pre-election disputes will be handled in Nigeria’s courts.
Under the new amendment, the Court of Appeal will serve as the final court for pre-election cases involving governorship, national assembly, and state house of assembly elections.
The lawmakers also approved a provision granting the Court of Appeal original jurisdiction over pre-election disputes related to presidential elections, while appeals from such cases would proceed directly to the Supreme Court.
The amendment bill was jointly sponsored by Deputy Speaker Benjamin Kalu alongside committee chairmen Adebayo Balogun, Babajimi Benson, Nnolim Nnaji, and Makki Yalleman.
Speaking during plenary, Adebayo Balogun explained that the amendment seeks to create clarity and consistency in handling disputes arising from party primaries and other pre-election activities.
According to him, the proposed changes would define which courts have authority over different categories of electoral disputes and prevent conflicts over jurisdiction.
He stated that pre-election matters involving governorship, national assembly, and state assembly elections would begin at the Federal High Court, while appeals would go to the Court of Appeal.
For presidential election disputes, the Court of Appeal would act as the first court to hear such matters, with the Supreme Court serving as the final appellate court.
The amendment also provides that no court outside those specifically listed would have the power to entertain pre-election disputes.
Lawmakers further amended provisions relating to false information submitted by candidates. Under the revised law, any aspirant who participated in a party primary and believes a candidate submitted false information or documents can file a suit in the Federal Capital Territory or where the issue originated.
In another major change, the House approved electronic delivery of election petition documents.
Candidates will now be required to submit verifiable contact details to the Independent National Electoral Commission (INEC), including email addresses, phone numbers, and other digital communication channels capable of generating proof of transmission.
The amendment recognises electronic service of court processes through email, SMS, and other digital platforms as legally valid once there is evidence that the message was successfully transmitted.
Lawmakers said the reform is expected to reduce delays, limit technical objections, prevent avoidance of court processes, and modernise Nigeria’s electoral system in line with current digital realities.
The amendment will still require approval by the Senate and presidential assent before it can become law.
