Federal High Court dismisses NDC suit challenging Electoral Act provisions

Justice Muhammed Umar ruled that the suit, which sought declarations that sections 138 and 775 of the Electoral Act 2026 were unconstitutional, lacked merit. The judge stated that the disputed provisions of the Electoral Act complement the 1999 Constitution rather than conflict with it. Justice Umar also upheld preliminary objections regarding the competence of the suit, noting that the plaintiff was inviting the court to interpret constitutional and statutory provisions, and that merely attaching INEC’s election timetable did not make it a pre-election matter.

Furthermore, the court found that the NDC failed to serve a pre-action notice on the Clerk of the National Assembly, making the suit incompetent against that defendant. On the substantive issue, Justice Umar rejected the NDC’s argument that Section 138 of the Electoral Act was inconsistent with constitutional provisions, clarifying that the Constitution prescribes qualifications while the Electoral Act outlines procedures and timelines for resolving disputes from party primaries. The court also declined to invalidate Section 775, citing a previous Court of Appeal decision on the matter.