Senate Approves Electoral Act Amendment to End Court Confusion in Pre-Election Disputes

The Senate has passed a bill amending the 2026 Electoral Act, aimed at resolving long-standing disputes over court jurisdiction in pre-election matters ahead of future general elections.

The amendment was adopted following consideration of a report by the Senate Committee on the Independent National Electoral Commission (INEC), chaired by Senator Simon Lalong (APC, Plateau State), during Thursday’s plenary.

The bill is designed to close gaps in Nigeria’s electoral legal framework, particularly those affecting timelines, conflicting judgments, and uncertainty over which courts have authority to hear nomination and party primary disputes.

Leading debate on the legislation, Senator Lalong said the reform addresses “one of the most persistent challenges” in Nigeria’s electoral jurisprudence, which has often led to forum shopping, delayed judgments, and contradictory court rulings.

He stressed that credible elections depend not only on voting processes but also on a stable and predictable legal system governing candidate selection.

According to him, the amendment seeks to revise Section 29 of the Electoral Act and introduce a new Section 29A to clearly define jurisdiction for pre-election cases.

Under the new provisions, disputes relating to National Assembly, governorship, and state assembly elections will begin at the Federal High Court, with appeals proceeding to the Court of Appeal.

However, pre-election matters concerning the offices of President and Vice President will originate at the Court of Appeal, with final appeals at the Supreme Court.

Lalong explained that the arrangement reflects both constitutional logic and the need for faster resolution of high-stakes electoral disputes, particularly those involving national offices.

He added that the reform will help eliminate the practice of filing multiple suits across different courts in search of favourable rulings, a trend he said has weakened confidence in the judiciary.

Senator Mohammed Monguno (APC, Borno State), who supported the motion, described the bill as “timely and necessary,” noting that it would improve consistency and efficiency in electoral litigation.

Presiding over the session, Senate President Godswill Akpabio commended the committee for the work done on the bill and expressed optimism that it would receive presidential assent.

He said the reform would strengthen Nigeria’s democracy, improve governance processes, and enhance public trust in the electoral system.