The Senate on Thursday passed the 2026 Electoral Act Amendment Bill aimed at clarifying court jurisdiction in the handling of pre-election matters and addressing lingering legal uncertainties in Nigeria’s electoral process.
The bill was passed following the presentation of a report by the Senate Committee on the Independent National Electoral Commission (INEC), led by its Chairman, Senator Simon Lalong (APC-Plateau), during plenary.
The proposed amendment seeks to resolve gaps relating to timelines, jurisdiction and procedures in the determination of pre-election disputes.
Leading the debate on the bill, Lalong explained that the amendment was designed to tackle one of the most persistent constitutional and procedural challenges in Nigeria’s electoral jurisprudence.
According to him, the bill aims to eliminate the uncertainty, multiplicity and inconsistency surrounding jurisdiction in the determination of pre-election cases.
He noted that democracy depends not only on the conduct of elections but also on the credibility, certainty and predictability of the legal processes leading to elections.
“The legitimacy of candidates and the integrity of party primaries are foundational pillars of representative democracy,” Lalong stated.
He warned that where the legal framework regulating pre-election disputes remains unclear or conflicting, the nation’s electoral system becomes exposed to forum shopping, contradictory court judgments, confusion and unnecessary delays.
The senator disclosed that 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 matters.
Lalong explained that despite the provisions of Section 285(14) of the 1999 Constitution regarding pre-election matters, courts have continued to issue conflicting interpretations on which courts possess the authority to hear such disputes.
According to him, the uncertainty has resulted in conflicting judgments from courts of coordinate jurisdiction, abuse of judicial process, undue delays in resolving electoral disputes and avoidable constitutional tension among courts.
He said the amendment seeks to restore clarity, order and constitutional harmony in electoral adjudication.
Highlighting key provisions of the bill, Lalong explained that Clause Two amends Section 29(5) of the principal Act to allow aspirants to file suits either in the Federal Capital Territory (FCT) or in the jurisdiction where the cause of action occurred.
He described the amendment as practical and equitable, noting that it would reduce hardship on litigants and improve access to justice by aligning electoral adjudication with the territorial realities of political primaries and nomination processes.
Lalong further explained that Clause Three introduces the new Section 29A, which establishes a clear jurisdictional structure for pre-election matters.
Under the proposed framework, pre-election cases relating to National Assembly, governorship and State Houses of Assembly elections will originate at the Federal High Court, with appeals proceeding to the Court of Appeal.
Meanwhile, disputes concerning presidential and vice-presidential elections will originate at the Court of Appeal exercising original jurisdiction, while appeals will go directly to the Supreme Court.
According to Lalong, the proposal is firmly rooted in constitutional logic, judicial efficiency and the hierarchy of courts.
“Presidential elections are national in character and constitutional significance,” he said.
He added that assigning original jurisdiction to the Court of Appeal in presidential matters would ensure speedy determination by a superior court with nationwide competence and institutional capacity.
The lawmaker also said the bill would help eliminate the practice of litigants filing multiple suits in different judicial divisions in search of favourable rulings.
According to him, such practices undermine public confidence in the judiciary and threaten electoral stability.
“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 added.
Lalong stressed that the amendment would provide a clear judicial pathway capable of reducing delays and improving judicial efficiency.
“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,” he said.
He described the bill as timely, necessary and in the national interest, urging lawmakers to support its passage.
Supporting the bill, Senator Mohammed Monguno (APC-Borno) said the proposed amendment was apt and essential, adding that it would improve the handling of electoral litigation in the country.
Following the passage of the bill, Senate President Godswill Akpabio commended Senator Lalong and members of the committee for their contributions.
Akpabio expressed confidence that President Bola Tinubu would assent to the bill, stating that the amendment would further strengthen democracy and governance in Nigeria.
Elijah Adeyemi
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