A Federal High Court in Abuja has dismissed a suit filed by the National Democratic Congress (NDC) challenging Sections 138 and 77(5) of the 2026 Electoral Act.

Justice Muhammed Umar held that the suit lacked merit, ruling that the disputed provisions complement, rather than conflict with, the 1999 Constitution.

The NDC had asked the court to declare the provisions unconstitutional and sought a ruling allowing questions on candidates’ qualifications to be raised after elections.

However, the court held that disputes over the qualification or disqualification of candidates must be pursued during the pre-election stage, as provided under the Electoral Act.

Justice Umar also struck out the case against the Clerk of the National Assembly for failure to serve a mandatory pre-action notice and declined to invalidate Section 77(5), noting that the Court of Appeal had already ruled on the issue, making it binding on lower courts.