Nigeria Federal High Court Dismisses NDC Challenge to Electoral Act Sections 138 and 77(5)

The Federal High Court in Abuja, presided over by Justice Muhammed Umar, dismissed a lawsuit filed by the National Democratic Congress (NDC) that sought to declare Sections 138 and 77(5) of the Electoral Act 2026 unconstitutional. The judge ruled that the contested provisions complement, rather than conflict with, the 1999 Constitution. He upheld preliminary objections, stating that the plaintiff was merely invoking the court’s interpretative jurisdiction over the Act and the Constitution. The court also struck out the claim against the Clerk of the National Assembly because the NDC failed to serve the mandatory pre‑action notice, rendering the suit incompetent against that defendant. Justice Umar emphasized that attaching INEC’s election timetable to the originating summons did not transform the case into a pre‑election matter. The judgment affirmed that challenges to candidate qualifications must be raised during the pre‑election period and that the Electoral Act’s procedural rules do not override constitutional qualifications.