The House of Representatives on Wednesday amended the Electoral Act 2026, introducing sweeping changes to the jurisdiction and handling of pre-election disputes.
Under the amendment, the court of appeal is designated as the final arbiter for pre-election disputes involving state houses of assembly, national assembly, and governorship elections.
The lower legislative chamber also empowered the court of appeal to hear pre-election matters relating to presidential elections as a court of first instance, with appeals lying to the supreme court.
The amendment bill was co-sponsored by Benjamin Kalu, deputy speaker of the house of representatives, alongside four committee chairmen — Adebayo Balogun (electoral matters), Babajimi Benson (defence), Nnolim Nnaji (ports and harbour), and Makki Yalleman (police).
Presenting the general principles of the bill during Wednesday’s plenary, Balogun said the amendment to section 29 of the Electoral Act 2026 provides “clarity, certainty, and uniformity” in the jurisdiction and determination of pre-election matters arising from party primaries and other pre-election activities.
He explained that the amendment will “comprehensively” regulate the jurisdiction and adjudication of pre-election matters by clearly delineating the courts vested with original jurisdiction over different categories of disputes.
According to him, the new provision will “eliminate jurisdictional conflicts by expressly providing that no court shall entertain pre-election matters except as stipulated in the proposed section”.
“Pre-election matters relating to national assembly, state houses of assembly, and governorship elections shall be commenced at the federal high court, with appeals lying as of right to the court of appeal,” he said.
“Pre-election matters concerning presidential elections shall be commenced at the court of appeal, which shall exercise original jurisdiction, with further appeals lying to the supreme court.”
Balogun added that the amendment will streamline the adjudication process and strengthen the legal framework guiding elections.
“Overall, it will streamline the adjudication of pre-election disputes, reduce forum shopping, ensure speedy dispensation of justice, and strengthen Nigeria’s electoral legal framework in line with constitutional provisions,” he said.
Section 29A (1) of the amendment states: “notwithstanding the provisions of any other law, all pre-election matters arising from the nomination of candidates and other pre-election activities under section 285 of the constitution of the Federal Republic of Nigeria, 1999 (As Altered) and this Act shall be commenced, heard and determined in accordance with the provisions of this section”.
The lawmakers also amended section 29(5) of the Electoral Act, introducing a new provision that allows aspirants to challenge false information submitted by candidates.
The provision states that “an aspirant who participated in the primaries of his political party and who has reasonable grounds to believe that any information given by the political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false, may file a suit at a court in the Federal Capital Territory or in the jurisdiction where the cause of action arose, against that candidate seeking a declaration that the information contained in the affidavit is false”.
Electronic Delivery of Election Petitions
In a move to modernise electoral litigation, the green chamber amended section 29(8) to mandate candidates to provide verifiable contact details to the Independent National Electoral Commission (INEC).
These include an identifiable address in the state of contest, a functional email address, telephone number, or any other digital mode of communication capable of generating a transmission record.
Balogun said the amendment aims to ensure parties to election petitions can be reached through multiple verifiable channels.
“Significantly, it expands the legally recognised modes of service to include electronic transmission. It provides that the service of election petition processes shall be deemed valid if effected personally, by registered post, or through electronic means such as email, SMS, or other digital communication channels linked to the respondent,” he said.
“To ensure legal certainty, the bill establishes that service by electronic means shall be deemed effective upon proof of transmission, which may include delivery confirmations, server-generated records, or other credible evidence of dispatch.
“It also clarifies that a respondent’s failure to access or acknowledge such communication shall not invalidate the service once transmission is established.”
He said the reform would address longstanding challenges in election litigation.
“Balogun said the amendment will eliminate delays, reduce technical objections, curb evasion of service, and align Nigeria’s electoral legal framework with contemporary digital realities.”
The amendment must be concurred by the senate and assented to by President Bola Tinubu before it can become law.
