By Augustine Akhilomen
Fresh legal trouble has emerged over the Electoral Act, 2026, as a civil society organisation has taken the National Assembly, the Independent National Electoral Commission (INEC), and the Attorney General of the Federation to court over controversial provisions in the law.
The suit was filed by the Registered Trustees of Constitutional and Democratic Justice Initiative before the Federal High Court sitting in Ilorin, Kwara State.
The group is challenging specific sections of the Electoral Act, 2026, which it believes are unconstitutional and harmful to Nigeria’s democratic process ahead of the 2027 general elections.
At the centre of the dispute are Sections 83(5) and 86(6)(b) of the Act. The claimant argued that the provisions unlawfully restrict the powers of Nigerian courts, especially in matters involving the internal affairs of political parties.
The legal action follows the recent enactment of the Electoral Act, 2026, by the National Assembly. The law introduced new provisions preventing courts from hearing certain disputes arising from political party activities and internal processes.
The organisation insists that these provisions amount to an attempt to shut out the judiciary from critical electoral matters.
Section 83 of the law, which gives INEC powers to monitor political parties and request explanations regarding their activities, is also being challenged in the suit.
Speaking on the matter, the Director of the organisation, Prof. A. O. Sambo, accused the National Assembly of going beyond its constitutional powers by passing the disputed provisions.
“The National Assembly cannot legislate on what the Constitution forbids by shutting the courts out of electoral justice on matters relating to the internal affairs of political parties,” Sambo said.
He further argued that the law directly conflicts with the 1999 Constitution.
“Sections 83(5) and 86(6)(b) of the Electoral Act, 2026 violate Sections 4(8) and 6 of the Constitution by overstepping the legislative powers of the National Assembly and limiting the jurisdiction of the courts.”
According to Sambo, the organisation is asking the court to strike down the disputed provisions and declare them null and void.
“The provisions breach Section 4(8) of the Constitution by overreaching legislative power and Section 6 by choking off judicial oversight,” he stated.
He warned that allowing such provisions to stand could weaken internal democracy within political parties and deny aggrieved members access to justice.
According to him, politicians and party members who believe they were unfairly treated during internal party processes should still have the constitutional right to seek redress in court.
“Political party members whose legitimate ambitions have been truncated without due process should be able to ventilate their grievances in court without the jurisdiction of the courts being ousted.
“Ouster clauses were the forte of military regimes and should not be allowed to find their way into Nigeria’s democracy,” Sambo added.
The case, marked FHC/IL/CS/94/26, has been fixed for hearing on July 8.
The outcome of the case is expected to shape legal interpretations surrounding electoral disputes ahead of the 2027 elections