NDC Sues National Assembly, Seeks Nullification of Key Electoral Act Provisions
As Party Argues New Law Blocks Voters From Challenging Candidates’ Qualifications
ABUJA – The Nigeria Democratic Congress (NDC) has launched a high-stakes legal battle against the federal government, asking the Federal High Court in Abuja to strike down two contentious sections of the newly enacted Electoral Act, 2026, which the party claims violate the 1999 Constitution.
In the suit marked FHC/ABJ/CS/635/2026, the NDC is challenging Sections 138 and 77(5) of the Act, arguing that the provisions unlawfully strip citizens and candidates of their constitutional rights to challenge the qualification of election winners and participate freely in party primaries.
The Attorney-General of the Federation (AGF), Clerk of the National Assembly, Senate President Godswill Akpabio, and the Independent National Electoral Commission (INEC) are all joined as defendants.
‘A Dangerous Erasure’
At the heart of the suit is Section 138 of the new Electoral Act, which the NDC says “expressly excludes qualification” as a valid ground for challenging the return of any candidate for the Senate, House of Representatives, governorship, or presidency.
According to the party’s lawyer, Vincent Ottaokpukpu, this contradicts multiple explicit provisions of the 1999 Constitution, including Sections 65(2)(a), 131(1)(d), and 177(1)(d), which mandate educational and other qualifications for political offices.
“The National Assembly cannot by a simple Act render unconstitutional requirements that the Constitution itself has not amended,” Ottaokpukpu told the court.
The party is seeking an order striking down Section 138 and compelling the defendants to re-enact a provision restoring “qualification” as a legitimate ground for election challenges.
Digital Register Dispute
The NDC is also attacking Section 77(5), which restricts participation in party primaries to only those members whose names appear on a digital register transmitted to INEC 21 days before the exercise.
The party argues this unlawfully circumscribes the constitutional right to belong to and participate in a political party under Section 40 of the Constitution.
In an affidavit supporting the suit, Ezechi Adaobi, a litigation secretary in Ottaokpukpu’s law firm, stated that the NDC’s national legal adviser was “surprised” to discover that the qualification ground, long recognized in the 2022 Electoral Act, had been “conspicuously removed.”
She added: “The 1999 Constitution has not been amended to remove educational qualification requirements for the office of President, Governor, or lawmakers.”
Court Adjourns as Defendants Fail to Appear
When the matter came up for hearing on Thursday, April 23, 2026 before Justice Mohammed Umar, only Ottaokpukpu and INEC’s counsel, Chief Alex Iziyon (SAN), were present. No lawyer appeared for the AGF, the Clerk of the National Assembly, or Senate President Akpabio.
The court confirmed that the three defendants were served with originating summons and hearing notices on April 20. Ottaokpukpu requested an adjournment, noting they still had 14 days to respond.
Justice Umar fixed May 7 for hearing.
Political Context
The legal challenge comes amid fresh political realignments. Senator Seriake Dickson, who represents Bayelsa West Senatorial District, recently defected from the Peoples Democratic Party (PDP) to the NDC—a party only registered by INEC on February 5.
The NDC, describing itself as a stakeholder in Nigeria’s electoral process, says it intends to field candidates in future elections, including for the presidency.
“Any provision that shuts out qualification challenges undermines the very essence of electoral integrity,” the party’s affidavit reads.
Lawyers closely watching the case say a ruling in favour of the NDC could force the National Assembly into an urgent legislative amendment and reshape the legal framework for the 2027 general elections.
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