Abuja: The Senate has successfully passed the 2026 Electoral Act Amendment bill, focusing on clarifying the jurisdiction of courts in handling pre-election matters. This legislative move aims to address the procedural and constitutional challenges that have long plagued Nigeria’s electoral system.
According to News Agency of Nigeria, the passage of the bill followed the presentation of a report by the Committee on Independent National Electoral Commission (INEC), led by its Chairman, Sen. Simon Lalong (APC-Plateau), during a plenary session. The proposed amendment targets gaps, timelines, and court jurisdiction in resolving pre-election disputes, which have previously led to uncertainty, multiplicity, and inconsistency in the electoral process.
Lalong emphasized that democracy relies not only on the conduct of elections but also on the credibility and predictability of the pre-election legal processes. He noted that the current legal framework’s ambiguity has resulted in confusion, contradictory judgments, and unnecessary delays, thereby undermining the integrity of party primaries and the legitimacy of candidates.
The amendment seeks to specifically address section 29 of the electoral act and introduces section 29A to delineate jurisdictional competence in pre-election matters. Despite existing provisions in section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999, conflicting interpretations regarding the appropriate court jurisdiction have continued to emerge, leading to delays and constitutional tensions.
Lalong highlighted that the bill’s amendment to section 29 (5) allows an aspirant to institute an action either in the Federal Capital Territory (FCT) or where the cause of action arose, thus reducing litigants’ hardship and improving access to justice. The bill also introduces a new section 29A, establishing a clear jurisdictional framework for pre-election matters related to National Assembly, Governorship, and State Houses of Assembly elections.
For presidential and vice-presidential pre-election matters, the proposal assigns original jurisdiction to the Court of Appeal, with subsequent appeals directed to the Supreme Court. This structure is intended to ensure expeditious resolution by superior courts with nationwide competence.
The amendment also aims to curb the practice of forum shopping by litigants, which erodes public confidence in the judiciary and disrupts electoral stability. By mandating that no court shall entertain pre-election matters outside the proposed section 29A, the bill seeks to introduce procedural discipline in electoral adjudication.
Sen. Mohammed Monguno (APC-Borno), in his contribution, supported the bill, emphasizing its potential to improve the nation’s electoral litigation experience. Senate President Godswill Akpabio praised the committee’s efforts and expressed hope that President Bola Tinubu would assent to the bill, thereby deepening democracy and governance in Nigeria.