By Anayo Akwitti
The Senate has passed an amendment to the 2026 Electoral Act aimed at removing ambiguity over which courts can hear pre-election disputes, a move lawmakers say will bring order and speed to Nigeria’s electoral litigation process.
The bill was approved during Thursday’s plenary after Senator Simon Lalong, Chairman of the Senate Committee on INEC and sponsor of the bill, presented the committee’s report.
Senator Lalong told the lawmakers that the amendment was designed to tackle the “uncertainty, multiplicity, and inconsistency” that have plagued the resolution of pre-election matters in recent election cycles.
“Democracy thrives not merely on the conduct of elections, but also on the credibility, certainty, and predictability of the legal processes that precede the elections,” he said. “Where the legal framework regulating pre-election disputes is uncertain or conflicting, the entire electoral architecture becomes vulnerable to confusion, forum shopping, contradictory judgments, and unnecessary delays.”
The amendment revises Section 29 of the Electoral Act and inserts a new Section 29A to clearly assign jurisdiction. Under the new framework, cases involving National Assembly, governorship, and state assembly elections will begin at the Federal High Court, with appeals going to the Court of Appeal.
Matters relating to the offices of the President and Vice President will start at the Court of Appeal in its original jurisdiction, with final appeals reserved for the Supreme Court.
Lalong said the structure is grounded in constitutional principles and the hierarchy of courts. “Presidential elections are national in character and constitutional significance. Vesting original jurisdiction in the Court of Appeal ensures expeditious determination by a superior court of record with nationwide competence,” he explained.
The bill also modifies Section 29(5) to permit aspirants to file suits either in the Federal Capital Territory or in the location where the cause of action arose. Lalong described the change as “practical and equitable,” noting it would ease the burden on litigants and align legal proceedings with the reality of how primaries and nominations are conducted across the country.
Another major objective of the legislation is to stop the practice of filing identical suits in multiple jurisdictions to secure favorable rulings. “Such practices erode public confidence in the judiciary and undermine electoral stability,” Lalong said. “By expressly providing that no court shall entertain pre-election matters except in accordance with the proposed Section 29A, this amendment introduces certainty and procedural discipline into electoral adjudication.”
He emphasized that the reform goes beyond procedure. “The amendment before us is not merely procedural, it is institutional. It strengthens electoral justice, deepens democratic accountability, and reinforces public confidence in our electoral process.”
Seconding the motion, Senator Mohammed Monguno said the amendment was “apt and germane” and would significantly improve the country’s experience with electoral litigation.
President of the Senate Godswill Akpabio praised the committee’s work and expressed optimism that President Bola Tinubu would give his assent. “I believe that this Act will deepen democracy and governance in Nigeria,” Akpabio said.
