A human rights lawyer, Nkereuwem Akpan, has asked a Federal High Court in Abuja to nullify the newly enacted Electoral Act 2026 over a provision he said conflicts with constitutional requirements on forged certificates by political aspirants.
In an originating summons filed before the court, Akpan argued that Section 138 of the Electoral Act 2026, which removes forged certificates as a ground for challenging elections, is inconsistent with Sections 66(1)(i), 137(1)(j), 182(1)(j) and 107(1)(i) of the 1999 Constitution, which bar persons who submit forged certificates from contesting for the offices of President, Governor, and membership of the National and State Houses of Assembly.
Akpan, who sued as a citizen of Nigeria, joined the National Assembly and the Independent National Electoral Commission as defendants in the suit.
He is asking the court to determine whether he is entitled to seek interpretation of the relevant constitutional provisions under Sections 6(6)(a)(b), 36(1), 66(1)(i), 137(1)(j), 182(1)(j), 107(1)(i) and 251 of the 1999 Constitution in relation to the Electoral Act.
In the suit marked FHC/ABJ/554/2026, dated March 10 and filed on March 16, Akpan also asked the court to interpret Section 1(3) of the Constitution, which provides that where any law is inconsistent with the Constitution, the Constitution shall prevail and the inconsistent law shall be void to the extent of the inconsistency.
Therefore, he is praying the court for a declaration that “in pre-qualifying candidates for any ongoing or future elections, the 2nd Defendant, INEC, cannot validly ignore the express provisions of Sections 66(1)(i), 137(1)(j), 182(1)(j), and 107(1)(i) of the Constitution, which bar individuals who submit forged certificates from contesting for the offices of President, Governor, and membership of the National and State Houses of Assembly in view of the provision of Section 138 of the Electoral Act 2026.
“A declaration that in the resolution of any post- or pre-election contest, dispute and/or litigation, the courts cannot give any preeminence to the provisions of Section 138 of the Electoral Act 2026 over and above the provisions of Sections 66(1)(i), 137(1)(j), 182(1)(j), and 107(1)(i) of the Constitution, which bar individuals who submit forged certificates from contesting for the offices of President, Governor, and membership of the National and State Houses of Assembly.
“General damages in the sum of N5 million against the 1st Defendant, the National Assembly.
“Such exemplary/punitive damages against the 1st Defendant as the court may deem fit.”
Akpan also asked the court to award the cost of the action and direct the National Assembly to publish an apology to Nigerians in at least 20 national newspapers and on its website for what he described as a “flagrant abuse of their oath of allegiance.”
Justice Obiora Egwuatu has fixed June 22 for hearing of the suit.
