Abuja Court Dismisses NDC’s Suit Challenging Key Provisions Of 2026 Electoral Act

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

Justice Mohammed Umar of the Federal High Court sitting in Abuja has thrown out a lawsuit filed by the Nigeria Democratic Congress (NDC) seeking to nullify portions of the 2026 Electoral Act, ruling that the contested provisions are consistent with the 1999 Constitution and that the case lacked legal merit.

The court also upheld an objection filed by the Clerk of the National Assembly, holding that the NDC failed to comply with the legal requirement of serving a pre-action notice before commencing proceedings against the office.

Justice Umar also declined the request to invalidate Section 77(5) of the Electoral Act, noting that the Court of Appeal had already pronounced on the provision in an earlier judgment.

He said lower courts are bound by the doctrine of judicial precedent and could not depart from the appellate court’s decision.