By Ogungbayi Adeyemi S. | adeyemi@ddnewsonline.com
Editor, DDNews |
The Federal High Court in Abuja has adjourned a suit filed by the Nigeria Democratic Congress (NDC) seeking to strike down Sections 138 and 77(5) of the new Electoral Act, 2026, until June 9 for hearing.
The case, marked FHC/ABJ/CS/635/2026, could not proceed on Monday due to the absence of Justice Mohammed Umar, who was said to be on another official engagement.
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Although the NDC’s lawyer, Vincent Ottaokpukpu, and defence counsel, including O.J. Opawale, were present in court, the matter was rescheduled for June 9.
The NDC, which was registered by the Independent National Electoral Commission (INEC) on February 5, had filed the suit on March 27, arguing that the two sections are inconsistent with the 1999 Constitution (as amended).
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In the originating summons, the party sued the Attorney-General of the Federation (AGF) and Clerk of the National Assembly as 1st and 2nd defendants. It also joined Senate President Godswill Akpabio and INEC as 3rd and 4th defendants respectively.
The NDC is seeking an order striking down Section 138 for being inconsistent with constitutional provisions on qualification for elective offices. It also wants Section 77(5) of the Electoral Act struck down, arguing it infringes on the right to freedom of association under Section 40 of the Constitution.
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In a supporting affidavit, the party claimed the provisions could disenfranchise members who switch parties after dissatisfied primaries, limiting their participation in general elections.
INEC, in its counter-affidavit filed on April 27, disagreed with the NDC’s position, stating that the Electoral Act, 2026, was validly passed by the National Assembly and assented to by President Bola Tinubu. The commission argued that the provisions do
not infringe on constitutional rights and that parties have sufficient time for primaries as per the timetable.
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The case is being closely watched as political parties intensify preparations for the 2027 general elections.
DDNewsOnline – Lagos
By Ogungbayi Adeyemi S. (Beedee)
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