ELECTORAL ACT 2026 UNDER FIRE: CDJI-NIGERIA DRAGS NATIONAL ASSEMBLY & OTHERS TO COURT OVER INTERNAL AFFAIRS OF POLITICAL PARTIES
Nigeria’s Electoral Act, 2026 faces constitutional collision as the Registered Trustees of Constitutional and Democratic Justice Initiative (CDJI-Nigeria) drags the National Assembly, Attorney General of the Federation and Independent National Electoral Commission (INEC) to Federal High Court, Ilorin, Kwara State.
The group warns that the National Assembly cannot legislate on what the Constitution forbids by shutting the courts out of electoral justice on matters relating to Internal Affairs of Political parties.
The group alleges that Sections 83(5) and 86(6) (b) of the Electoral Act, 2026 violate Sections 4(8) and 6 of the 1999 Constitution by overstepping legislative powers and limiting courts’ jurisdiction.
In a constitutional showdown filed before the Federal High Court in Suit No. FHC/IL/CS/94/26, the group prays the court to nullify Sections 83 (5) and 86(6 (b) of the Electoral Act, 2026, warning that the provisions breach Section 4(8) of the 1999 Constitution by overreaching legislative power, and Section 6 by choking off judicial oversight.
If upheld, critics say the clauses could redraw the balance of power between Parliament, the Judiciary, and the electoral umpire ahead of the next polls in 2027. It will also allow political parties’ members whose legitimate ambitions have been truncated without a due process to ventilate their grievances in court without having court’s jurisdiction ousted as intended by section 83(5) of the Act.
The group further alleges that ouster clauses being the forte of the Military regime are undemocratic and should not be allowed to find its way into Nigeria’s democracy. The Court has fixed 8th of July, 2026 for the matter.
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