NDC Asks Federal Court to Void Two Sections of Electoral Act 2026

The Nigeria Democratic Congress has gone to court to challenge two sections of the Electoral Act 2026, arguing the provisions undermine constitutional rights to political participation and candidate eligibility.

In suit FHC/ABJ/CS/635/2026 filed at the Federal High Court in Abuja, the NDC — through counsel Vincent Ottaokpukpu — is targeting Sections 138 and 77(5) of the new law. The defendants are the Attorney-General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio, and INEC.

On Section 138, the NDC argues that removing “qualification” as a ground for challenging election results shields potentially ineligible candidates from post-election scrutiny, despite the Constitution retaining clear eligibility requirements for all elective offices. The party says this marks a break from previous electoral frameworks where qualification was a core petition ground.

On Section 77(5), the challenge targets a provision restricting participation in party primaries to individuals whose names appear in a party’s digital membership register submitted to INEC at least 21 days before the primary. The NDC says the Constitution guarantees freedom of association and does not prescribe any minimum duration of party membership as a condition for contesting — making this provision unconstitutional.

The suit is separate from the earlier Atiku/ADC petition targeting Section 63 of the same law. Nigeria now has at least two active legal challenges to the Electoral Act 2026 before it has even been tested in an election cycle.

At Thursday’s hearing, NDC and INEC counsel were present. The Attorney-General, National Assembly, and Senate President sent no representatives.

Sources: TheWill, Daily Nigerian