Court Strikes Out NDC Suit Against Electoral Act Provisions after Justice Umar ruled that the disputed sections align with the 1999 Constitution.

The Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) against parts of the Electoral Act 2026.

The party challenged provisions linked to the qualification and disqualification of candidates for elective positions.

Justice Muhammed Umar delivered the judgment on Tuesday. He ruled that the suit lacked merit.

According to the judge, the disputed sections of the Electoral Act support the 1999 Constitution. He said the provisions do not conflict with constitutional rules.

The case was marked FHC/ABJ/CS/635/2025.

The NDC filed the suit against the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC).

The party asked the court to declare Sections 138 and 77(5) of the Electoral Act 2026 unconstitutional.

It also requested a ruling that challenges over candidate qualification or disqualification could continue after an election.

However, Justice Umar upheld objections that questioned the validity of the suit.

The judge explained that the NDC asked the court to interpret the Electoral Act alongside the 1999 Constitution.

He said:

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.”

Justice Umar also rejected the argument that the case was a pre-election matter. He said attaching the INEC timetable did not automatically make the suit fall under Section 285 of the Constitution.

The judge noted that the suit did not raise any issue about the election timetable.

Regarding the Clerk of the National Assembly, Justice Umar ruled that the NDC failed to serve the required pre-action notice before filing the case.

As a result, he struck out the suit against the second defendant.

On the main issues, the court rejected the NDC’s claim that Section 138 of the Electoral Act conflicts with constitutional provisions.

Justice Umar explained that the Constitution provides the requirements for elective offices. Meanwhile, the Electoral Act sets procedures for handling disputes from party primaries.

The judge stated that candidates who want to challenge another candidate’s qualification must act before the election.

He said:

Any aggrieved party who intends to challenge any candidate that emerged at the primary election of a political party on grounds of disqualification must do so at the pre-election level.”

Furthermore, Justice Umar ruled that Section 138 of the Electoral Act works together with the Constitution.

He said the NDC’s argument that the section was unconstitutional had no legal basis.

The court also refused to cancel Section 77(5) of the Electoral Act. Justice Umar explained that the Court of Appeal had already ruled on the issue.

He stressed that lower courts must follow decisions from higher courts.

The judge said courts remain bound by judicial precedent.

The Court Strikes Out NDC Suit Against Electoral Act Provisions ruling has now confirmed that disputes over candidate qualifications from party primaries must follow the legal process before elections.

The decision also keeps the challenged provisions of the Electoral Act 2026 in place.