
The Senate yesterday approved a Bill seeking to amend the Electoral Act, 2026, to establish a clear jurisdictional framework for the hearing of pre-election matters.
With the approval, presidential disputes are to originate at the Court of Appeal and other electoral disputes are to begin at the Federal High Court.
The proposed amendment Bill, which scaled the second and the third reading, was sponsored by Senator Simon Lalong.
He said the Bill also seeks to allow aspirants to file pre-election suits either in the Federal Capital Territory (FCT) or in the jurisdiction where the cause of action arose.
In his lead debate during plenary, Lalong said the amendment was designed to address persistent uncertainty, multiplicity of suits and conflicting judicial decisions associated with pre-election matters.
According to him, the Bill proposes amendments to Section 29 of the Electoral Act and introduces a new Section 29(a) to clearly define jurisdictional competence in electoral disputes arising before elections.
He said under the proposed framework, pre-election matters relating to the National Assembly, governorship and State Houses of Assembly elections would originate at the Federal High Court, with appeals going to the Court of Appeal.
Lalong added that disputes on the offices of the President and the Vice President would originate at the Court of Appeal exercising original jurisdiction, while appeals would terminate at the Supreme Court.
The Plateau South lawmaker said the proposal was aimed at promoting judicial efficiency, eliminating forum shopping and ensuring speedy resolution of electoral disputes.
He noted that despite the 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.
According to him, the uncertainty has resulted in conflicting decisions by courts of coordinate jurisdiction, abuse of judicial process, delays in the resolution of cases and constitutional tensions among courts.
“Democracy thrives not merely on the conduct of elections but also on the credibility, certainty and predictability of the legal processes that precede those elections,” he said.
Lalong described presidential elections as national in character and that they require urgent determination by a superior court with nationwide competence.
He noted that 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 Bill would eliminate the practice where litigants file multiple suits in different judicial divisions in search of favourable judgments.
He said the amendment expressly provides that no court shall entertain pre-election matters except in accordance with the proposed Section 29(a).
Lalong maintained that electoral matters were time-bound and delays in their resolution could trigger constitutional crises capable of undermining democratic stability.
He said the Bill was intended to promote uniformity in electoral adjudication, reduce conflicting judgments, discourage forum shopping and strengthen public confidence in the electoral process.
Following the debate on the general principles of the legislation, the Senate approved the bill for second reading, and it was read for the third time and passed.
“This Bill is, therefore, timely, necessary, and in the national interest,” Lalong said, urging fellow senators to support its passage.
Source: The Nation News