Court Adjourns NDC’s Suit on Electoral Act

The Federal High Court, Abuja, on Monday adjourned hearing of a suit filed by Nigeria Democratic Congress (NDC) on Sections 138 and 77(5) of the new Electoral Act, 2026, till June 9.

The case, which was listed on the day’s cause list, could not proceed due to Justice Mohammed Umar’s absence.

Although the NDC’s lawyer, Vincent Ottaokpukpu, and that of the defence, including O.J. Opawale, were in court, the judge was said to be away on another official engagement.

The matter was subsequently fixed for June 9 for hearing.

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Justice Umar had on May 8, fixed May 25 for the hearing of the case.

The NDC, in the suit, argued that the two sections are inconsistent with the 1999 Constitution (as amended).

The party, which was registered by the Independent National Electoral Commission (INEC) on February 5, had filed the suit marked: FHC/ABJ/CS/635/2026 and listed the Attorney-General of the Federation (AGF) and Clerk of the National Assembly as respondents.

Other respondents are the Senate President, Godswill Akpabio and INEC.

Ottaokpukpu, who filed the suit on March 27, prayed the court to grant their reliefs.

He sought an order striking down the provisions of Section 138 for being inconsistent with the compulsory provisions of Sections 65 (2) (a), 106 (1) (c), 131 (1) (d), 177 (1) (d) and 66 (1) (i), 107 (1) (i), 137 (1) (j) and 182 (1) (j) of the 1999 Constitution (as amended) and other reliefs.