Okays Federal High Court, A’Court jurisdiction for pre-election matters
From Adesuwa Tsan, Abuja
The Senate has approved amendments to the Electoral Act, 2026, providing that disputes involving presidential elections will commence at the court of appeal exercising original jurisdiction while pre-election matters relating to national assembly, governorship and state houses of assembly elections shall originate at the federal high court.
The amendments, which scaled second and third reading yesterday, also provide that appeals arising from National Assembly, governorship and House of Assembly pre-election matters shall lie at the Court of Appeal while appeals in presidential and vice-presidential disputes shall terminate at the Supreme Court.
Under the approved amendment, aspirants would now be allowed to institute pre-election suits either in the Federal Capital Territory or in the jurisdiction where the cause of action arose.
The bill sponsored by Simon Bako Lalong amended Section 29 of the Electoral Act and introduced a new Section 29A to establish a clear jurisdictional framework for pre-election matters.
Leading the debate on the bill before its passage, Lalong said the amendment was aimed at addressing persistent uncertainty, multiplicity of suits and conflicting judicial decisions associated with electoral disputes before elections.
According to him, despite constitutional recognition of pre-election matters under Section 285(14) of the 1999 Constitution, conflicting interpretations over jurisdiction had continued to generate confusion within the judiciary.
He said the uncertainty had resulted in conflicting decisions by courts of coordinate jurisdiction, abuse of judicial process through forum shopping, delays in resolution of disputes and constitutional tensions among courts.
“Democracy thrives not merely on the conduct of elections, but on the credibility, certainty and predictability of the legal processes that precede those elections.”
Lalong explained that the amendment was intended to promote judicial efficiency, eliminate forum shopping and ensure speedy resolution of electoral disputes.
He argued that presidential elections were national in character and required urgent determination by a superior court with nationwide competence.
According to him, assigning original jurisdiction to the Court of Appeal in presidential pre-election disputes would ensure expeditious handling of sensitive cases, while vesting jurisdiction over other matters in the Federal High Court would promote specialisation and consistency.
The senator also said the amendment expressly provides that no court shall entertain pre-election matters except in accordance with the proposed Section 29A.
He maintained that electoral matters were time-bound and delays in their resolution could trigger constitutional crises capable of undermining democratic stability.
He said the legislation was designed to promote uniformity in electoral adjudication, reduce conflicting judgments, discourage forum shopping and strengthen public confidence in the electoral process.
