Court Dismisses NDC Electoral Act Suit

On August 4, 2026, the Nigeria — Federal High Court of Nigeria in Abuja dismissed a suit filed by the Ghana — National Democratic Congress (NDC) challenging provisions of the Electoral Act 2026. The NDC had sought to invalidate Sections 138 and 77(5) of the Act, arguing they conflicted with the 1999 Constitution. Mohammed Umar ruled that the provisions complemented the Constitution and that the suit lacked merit. The court also struck out the action against the International — National Assembly for failure to serve a pre-action notice. The NDC, represented by Vincent Ottaokpukpu, had sued the Nigeria — Attorney General of the Federation, the International — National Assembly, Senate President Godswill Akpabio, and the Nigeria — Independent National Electoral Commission (INEC). The court upheld Section 138, which restricts post-election challenges to candidate qualifications, and declined to invalidate Section 77(5), citing a prior Nigeria — Nigerian Courts of Appeal ruling in a case brought by the Nigeria — Zenith Party. The Electoral Act 2026, signed by President Bola Tinubu, remains in effect.