Senate house
The Senate has passed the 2026 Electoral Act Amendment Bill, introducing significant reforms aimed at clarifying court jurisdiction and improving the handling of pre-election disputes in Nigeria’s electoral system.
The proposed legislation was considered and approved following the presentation of a report by the Senate Committee on the Independent National Electoral Commission (INEC), chaired by Senator Simon Lalong (APC–Plateau), during plenary on Thursday.
The bill is designed to address long-standing legal uncertainties surrounding where and how pre-election cases such as disputes over party primaries, candidate nominations, and eligibility should be filed and determined.
Presenting the committee’s report, Senator Lalong said the amendment seeks to resolve persistent constitutional and procedural challenges that have continued to generate confusion in electoral litigation. He explained that unclear jurisdictional boundaries have often led to conflicting court judgments, delays in justice delivery, and abuse of legal processes.
According to him, the reforms are intended to strengthen the credibility of Nigeria’s democratic process by ensuring that disputes arising before elections are handled in a more predictable, structured, and efficient manner.
“Democracy thrives not only on elections but on the credibility and certainty of the legal processes that precede them,” Lalong stated, stressing that the legitimacy of candidates and party primaries remains central to electoral integrity.
A key feature of the amendment is the modification of Section 29 of the existing Electoral Act, alongside the introduction of a new Section 29A. These provisions are aimed at clearly defining which courts have jurisdiction over pre-election matters.
Under the new framework, aspirants will be allowed to file pre-election cases either in the Federal Capital Territory (FCT) or in the jurisdiction where the cause of action occurred, a change described as a move to improve access to justice and reduce logistical burdens on litigants.
More importantly, the new Section 29A establishes a structured jurisdictional pathway for different categories of elections. Pre-election disputes relating to National Assembly, governorship, and state assembly elections will now originate at the Federal High Court, with appeals directed to the Court of Appeal.
For presidential and vice-presidential matters, the Court of Appeal will have original jurisdiction, while appeals will proceed directly to the Supreme Court.
Lalong explained that this arrangement reflects the constitutional importance and national sensitivity of presidential elections, while also promoting judicial efficiency and reducing prolonged litigation.
He added that the reforms are intended to curb the growing practice of “forum shopping,” where litigants file multiple cases across different courts in search of favourable rulings. Such practices, he warned, have undermined public confidence in the judiciary and created unnecessary tension within the electoral system.
By clearly defining jurisdiction and limiting conflicting interpretations, the bill seeks to promote consistency, reduce delays, and ensure faster resolution of disputes before elections are conducted.
Contributing to the debate, Senator Mohammed Monguno (APC–Borno) described the amendment as timely and necessary, noting that it would significantly improve electoral litigation processes and strengthen democratic governance.
Following deliberations, the bill was unanimously passed by the Senate. Senate President Godswill Akpabio commended the committee for its work, expressing confidence that the reforms would enhance electoral justice and deepen Nigeria’s democratic institutions once signed into law by President Bola Ahmed Tinubu.
The amendment is widely seen as part of broader efforts to stabilise Nigeria’s electoral framework ahead of future national and state elections, with lawmakers emphasizing the need for clarity, efficiency, and institutional discipline in the country’s democratic process.
