The Federal High Court in Abuja on Monday adjourned a suit filed by the Nigeria Democratic Congress seeking an order to strike down Sections 138 and 77(5) of the Electoral Act, 2026 until June 9 for hearing.
The case could not proceed due to the absence of Justice Mohammed Umar, despite the presence of counsel for both parties in court.
The NDC was represented by its lawyer, Vincent Ottaokpukpu, while defence counsel, including O.J. Opawale, were also present when the matter was called.
However, the judge was said to be attending to another official engagement, leading to the adjournment.
The matter was subsequently fixed for June 9 for hearing.
It was gathered that Justice Umar had earlier on May 8 scheduled the case for hearing on Monday before it was stalled.
The suit, marked FHC/ABJ/CS/635/2026, was filed by the NDC, a political party registered by the Independent National Electoral Commission on February 5.
In the originating summons, the party joined the Attorney-General of the Federation, the Clerk of the National Assembly, the Senate President and Chairman of the National Assembly, Godswill Akpabio, and INEC as defendants.
The NDC is asking the court to strike down Section 138 of the Electoral Act, 2026 on the grounds that it is inconsistent with several provisions of the 1999 Constitution, including sections relating to eligibility for elective office.
The party also wants the court to compel the relevant authorities to amend and re-enact provisions of the Electoral Act to restore “qualification” as a basis for challenging election returns into offices such as President, Governor, National Assembly and State Assembly positions.
It is further seeking an order invalidating Section 77(5) of the Electoral Act, 2026, arguing that it conflicts with constitutional provisions relating to political participation and eligibility.
In its supporting affidavit, the NDC said it intends to field candidates in future elections, including the presidency, and therefore has a stake in the interpretation of the law.
The party also argued that Section 77(5), which requires political party members to be on a digital register submitted to INEC 21 days before primaries, is inconsistent with the Constitution, which does not prescribe such a timeline for political party membership.
According to the affidavit, the restriction could disenfranchise members who switch parties due to dissatisfaction with primary processes.
The plaintiff urged the court to grant its reliefs in the interest of justice.
However, INEC opposed the suit in its counter affidavit, arguing that the Electoral Act, 2026 was duly passed by the National Assembly and assented to by President Bola Tinubu in accordance with constitutional provisions.
INEC maintained that Section 77 of the Act does not infringe on citizens’ rights to belong to or participate in political parties.
It further stated that the electoral timetable provides a 38-day window for party primaries, which it said complies with both the Electoral Act and the Constitution.
The commission urged the court to dismiss the suit, insisting that the law remains valid and enforceable within the federation.
