JUST IN: Senate passes 2026 Electoral Act amendment bill

The senate on Thursday passed the 2026 Electoral Act amendment bill aimed at addressing jurisdictional issues and procedural gaps in the handling of pre-election matters in Nigeria.

The bill was passed after the presentation and consideration of a report by the senate committee on the Independent National Electoral Commission (INEC), chaired by Senator Simon Lalong (APC, Plateau), during plenary.

The proposed amendment seeks to provide clarity on court jurisdiction, timelines and procedures for resolving pre-election disputes, which lawmakers say have continued to generate conflicting judgments and delays in the electoral process.

Presenting the committee’s report, Lalong said the bill was designed to tackle uncertainty and inconsistencies surrounding the adjudication of pre-election matters.

According to him, democracy depends not only on the conduct of elections but also on the credibility and predictability of legal processes leading to the elections.

“The legitimacy of candidates and the integrity of party primaries are foundational pillars of representative democracy,” he said.

Lalong noted that despite provisions in Section 285(14) of the 1999 Constitution, the legal system still witnessed conflicting interpretations over which courts possess jurisdiction to hear pre-election disputes.

He explained that the amendment would help eliminate conflicting rulings, abuse of judicial processes and delays in electoral litigation.

The lawmaker said the bill proposes amendments to Section 29 of the Electoral Act and introduces a new Section 29A to clearly define jurisdictional competence in pre-election cases.

Under the proposed amendment, aspirants seeking legal redress would be allowed to institute actions either in the Federal Capital Territory or in the jurisdiction where the cause of action arose.

Lalong said the provision would improve access to justice and reduce hardship for litigants.

He further explained that pre-election matters involving National Assembly, governorship and state assembly elections would originate at the federal high court, with appeals going to the court of appeal.

According to him, disputes relating to presidential and vice-presidential elections would originate at the Court of Appeal exercising original jurisdiction, while appeals would lie at the supreme court.

Lalong said the amendment was rooted in constitutional logic and judicial efficiency, adding that presidential election disputes required speedy resolution due to their national significance.

He also stated that the bill would curb forum shopping, where litigants file multiple suits in different courts in search of favourable judgments.

“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 said.

Senator Mohammed Monguno (APC, Borno), who seconded the motion for the bill’s passage, described the amendment as timely and necessary for improving Nigeria’s electoral litigation process.

Following its passage, Senate president Godswill Akpabio commended the committee for its work on the bill and expressed confidence that President Bola Tinubu would assent to it.

He said the amendment would further strengthen democracy and governance in the country.