Court dismisses ex-lawmaker’s suit seeking to void sections of new Electoral Act

By Taiye Agbaje

The Federal High Court in Abuja on Thursday dismissed a suit filed by former member, House of Representatives, Igbokwe Igbokwe, seeking an order nullifying Sections 88 and 29 (1) of the Electoral Act, 2026.

Justice James Omotosho, in a judgment, held that Igbokwe, who is also the Special Assistant (S.A.) to the Speaker of the House on Inter-Governmental Affairs, lacked the locus standi to Institute the suit.

Igbokwe had sued the Attorney-General of the Federation (AGF) and Independent National Electoral Commission (INEC) as 1st and 2nd defendants in the amended originating summons dated and filed on March 2.

In the suit, marked: FHC/ABJ/CS/2115/2025, he sought two questions for determination and prayed the court for three reliefs.

He urged the court to declare “that upon considering the clear, express and unambiguous provisions of Section 66 (1) (f) 107 (1) (f) 137 (1)(f), 182 (1) (f) and 42 (1) (a) of the 1999 Constitution, Section 88 of the Electoral Act, 2026.

The second provides that “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election” is inconsistent with the provisions of the constitution and therefore unconstitutional, illegal, discriminatory, null and void and of no effect whatsoever.”

Igbokwe, who claimed to be an All Progressives Congress (APC) member, urged the court to declare that the provisions of Sections 88 and 29 (1) of the Electoral Act, 2026 are unconstitutional, invalid, discriminatory, and contradictory.

He said the sections are in conflicts with constitutional right conferred on him (plaintiff) and other citizens of Nigeria who are appointed to hold political offices to exit their appointments 30 days before election to the public office they seek to contest.

The plaintiff, therefore, sought an order compelling INEC to accept nomination of candidates who were political appointees and who resign or exited their appointments 30 days before election to the public office they seek to contest, as provided in the 1999 Constitution (as amended).

Igbokwe, in his affidavit, said he was House member, who represented Ahiazu/Ezinihitte Mbaise Federal Constituency of Imo in the National Assembly between 2011 and 2019.

He said as APC member, he had the right to participate in the primary election of the party to vote and be voted for.

He, however, said that the provisions of Sections 88 and 29 (1) of the Electoral Act, 2026 will personally affect his constitutional right to retain his office up to 30 days to the 2027 General Elections in his capacity as S.A. to the Speaker of the House of Representatives.

According to him, by Section 29 (1) of the Electoral Act, 2026,every political party is mandated to conduct its primary election not later than 120 days before the date of the general election and submit its list of candidates to the 2nd defendant (INEC).

The plaintiff stated that the implication of this is that he must resign his appointment not later than 120 days to the general election to enable him participate in the primary election contrary to the constitutional stipulation of 30 days.

Igbokwe said he is interested in contesting for the position of member of the House representing his federal constituency in the 2027 poll.

Delivering the judgement, Justice Omotosho held that the suit was incompetent, the plaintiff, having lacked the legal right to file the suit.

“It is therefore clear that the provisions of Section 88 of the Electoral Act, 2026, which is impari materia with Section 84 (12) of the Electoral Act 2022 is valid and does not offend constitutional provisions as regards political appointees resigning their appointments before participating in the primary elections of their political parties.

“The National Assembly has not breached the constitution by making laws to regulate the conduct of primary elections.

“It is within its rights to do so as such regulations are not exhaustively covered by the constitution.

“The Electoral Act, 2026 is a specific legislation made to regulate political parties and the conduct of their primaries and the general elections,” he said.

According to the judge, the Act seeks to entrench internal democracies and prevent unlawful practices by political parties in accordance with Section 288 of the Constitution.

“The Electoral Act, 2026 including Sections 29 and 88 offends no provisions of the constitution and thus, there are no inconsistencies whatsoever between those sections and the constitution.

“Consequently, the reliefs of the plaintiff are bound to fail.

“In final analysis, the suit of the plaintiff is incompetent due to a lack of locus stand, the suit being academic and non-joinder of necessary parties.

“Even if the suit was competent, the reliefs are not grantable as the plaintiff is a political appointee not within the contemplation of Section 66 (1) (f) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“If he intends to contest any elective position, he must comply with Section 88 of the Electoral Act, 2026 which is not inconsistent with any provisions of the constitution.

“Consequently, this suit is hereby dismissed for lack of merit,” Justice Omotosho ruled.

(NAN