A civil society organisation, Registered Trustees of Constitutional and Democratic Justice Initiative, has instituted a suit against the National Assembly, the Independent National Electoral Commission and the Attorney General of the Federation over provisions of the Electoral Act, 2026, which it says are unconstitutional.
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The suit, filed before the Federal High Court in Ilorin, Kwara State, seeks an order nullifying Sections 83(5) and 86(6)(b) of the Act for allegedly ousting the jurisdiction of courts in matters relating to the internal affairs of political parties.
It follows the enactment of the Electoral Act, 2026, by the National Assembly, which introduced fresh provisions barring courts from entertaining suits relating to the internal affairs of political parties.
Section 83 of the Act, which also empowers INEC to monitor political parties and seek explanations over their activities, is at the centre of the legal challenge.
The Director of the organisation, Prof A. O. Sambo, said in a statement issued on Saturday that the National Assembly exceeded its constitutional powers by enacting the disputed provisions.
“The National Assembly cannot legislate on what the Constitution forbids by shutting the courts out of electoral justice on matters relating to the internal affairs of political parties,” Sambo said.
He added, “Sections 83(5) and 86(6)(b) of the Electoral Act, 2026 violate Sections 4(8) and 6 of the Constitution by overstepping the legislative powers of the National Assembly and limiting the jurisdiction of the courts.”
According to him, the claimant is asking the court to declare the provisions unconstitutional and set them aside for being inconsistent with the 1999 Constitution.
“The provisions breach Section 4(8) of the Constitution by overreaching legislative power and Section 6 by choking off judicial oversight,” he stated.
Sambo said the organisation believes the disputed provisions, if allowed to stand, would deny aggrieved members of political parties access to justice ahead of the 2027 general elections.
“Political party members whose legitimate ambitions have been truncated without due process should be able to ventilate their grievances in court without the jurisdiction of the courts being ousted.
“Ouster clauses were the forte of military regimes and should not be allowed to find their way into Nigeria’s democracy,” Sambo added.
The case, marked FHC/IL/CS/94/26, is scheduled for hearing on July 8.
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