ENUGU, Nigeria (VOICE OF NAIJA)- The Senate on Thursday passed the 2026 Electoral Act Amendment Bill aimed at addressing jurisdictional disputes and conflicting court decisions in the handling of pre-election matters ahead of future elections.
The bill was passed after the presentation and consideration of a report by the Senate Committee on the Independent National Electoral Commission, chaired by Simon Lalong, during plenary.
The proposed amendment seeks to tackle persistent legal controversies surrounding pre-election cases by clearly defining the courts empowered to entertain such matters and streamlining electoral dispute resolution.
Leading debate on the bill, Lalong said the amendment was designed to eliminate uncertainty, multiplicity of suits and conflicting interpretations that have continued to plague Nigeria’s electoral jurisprudence.
According to him, credible elections are not only about voting but also about ensuring certainty and transparency in the legal processes leading to elections.
“The legitimacy of candidates and the integrity of party primaries are foundational pillars of representative democracy.
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“Where the legal framework regulating pre-election disputes is uncertain or conflicting, the entire electoral architecture becomes vulnerable to confusion, forum shopping, contradictory judgments and unnecessary delays,” he said.
The senator explained that the amendment introduces a new Section 29A to the Electoral Act and also amends Section 29(5) of the principal legislation.
Under the proposed changes, aspirants seeking redress over pre-election disputes may file cases either in the Federal Capital Territory or in the jurisdiction where the cause of action occurred.
Lalong described the provision as practical and equitable, noting that it would reduce hardship for litigants and improve access to justice.
He further explained that the new Section 29A establishes a clearer judicial framework for pre-election matters involving the National Assembly, governorship and state Houses of Assembly elections.
According to the amendment, such cases would originate at the Federal High Court, with appeals proceeding to the Court of Appeal.
For presidential and vice-presidential pre-election disputes, however, original jurisdiction would lie with the Court of Appeal, while appeals would go directly to the Supreme Court.
Lalong said the provision was based on constitutional logic and judicial efficiency, given the national importance and urgency attached to presidential elections.
“Presidential elections are national in character and constitutional significance.
“Given the sensitivity and urgency associated with such offices, vesting original jurisdiction in the Court of Appeal ensures expeditious determination by a superior court of record with nationwide competence and institutional capacity,” he stated.
The senator also noted that the bill seeks to eliminate the practice of litigants filing multiple suits in different courts in search of favourable rulings.
According to him, the trend has weakened public confidence in the judiciary and created avoidable constitutional tensions.
“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.
Supporting the bill, Mohammed Monguno described the amendment as timely and necessary, saying it would improve the nation’s electoral litigation process.
President of the Senate, Godswill Akpabio, commended the committee for its work on the bill after its passage.
Akpabio expressed optimism that President Bola Tinubu would assent to the legislation, adding that it would strengthen democracy and governance in the country.