Legislature
Senate Passes Reform Bill to Streamline Pre-Election Litigation and Strengthen Electoral Justice
The Senate has passed a bill seeking to amend the 2026 Electoral Act, with a key focus on clearly defining court jurisdiction in pre-election matters.
The approval followed the presentation of the report of the INEC Committee by its Chairman, Sen.
The proposed amendment is designed to close existing gaps relating to timelines and jurisdictional issues in resolving disputes that arise before general elections.
Leading the debate, Lalong said the bill addresses long-standing procedural and constitutional challenges within Nigeria’s electoral legal framework.
He explained that it aims to eliminate uncertainty, conflicting interpretations, and inconsistencies surrounding which courts have authority over pre-election cases.
According to him, democracy is sustained not only by conducting elections but also by ensuring credible and predictable legal processes ahead of them.
He stressed that the legitimacy of candidates and the integrity of party primaries are fundamental to representative democracy.
Lalong warned that unclear legal frameworks often result in confusion, forum shopping, contradictory rulings, and unnecessary delays in electoral matters.
The bill proposes amendments to Section 29 of the Electoral Act and introduces a new Section 29A to clearly define jurisdiction in such cases.
He noted that despite provisions in Section 285(14) of the 1999 Constitution, conflicting court interpretations have persisted regarding jurisdiction over pre-election disputes.
This situation, he said, has led to inconsistent rulings among courts of equal standing, abuse of judicial process, delays, and tension within the judiciary.
The amendment, therefore, seeks to restore clarity, structure, and constitutional balance in handling pre-election litigation.
One of the key provisions modifies Section 29(5), allowing aspirants to file cases either in the Federal Capital Territory or where the cause of action occurred.
Lalong described this as a practical reform that improves access to justice and reduces hardship for litigants.
More significantly, the new Section 29A establishes a clear jurisdictional structure for pre-election matters.
Under the proposal, disputes relating to National Assembly, governorship, and State House of Assembly elections will begin at the Federal High Court, with appeals going to the Court of Appeal.
For presidential and vice-presidential matters, cases will originate at the Court of Appeal, which will exercise original jurisdiction, with final appeals going to the Supreme Court.
Lalong said this structure is based on constitutional reasoning, judicial efficiency, and the established hierarchy of courts.
He explained that presidential elections, being national in importance, require swift handling by a superior court with nationwide authority.
He added that assigning other electoral disputes to the Federal High Court will encourage specialization and consistency in judgments, given INEC’s federal role.
The bill also seeks to stop the practice of filing multiple suits across different courts in search of favourable rulings.
According to Lalong, such practices damage public trust in the judiciary and weaken electoral stability.
He said the amendment ensures that no court can entertain pre-election matters outside the framework of Section 29A.
He further described the bill as an institutional reform aimed at strengthening electoral justice, improving accountability, and restoring public confidence in the system.
Sen. Mohammed Monguno (APC–Borno), who seconded the motion, described the bill as timely and highly relevant, noting that it would improve electoral litigation outcomes nationwide.
He urged his colleagues to support its passage.
In his remarks after the bill was passed, Senate President Godswill Akpabio commended the committee and its chairman for their work.
He expressed confidence that President Bola Tinubu would assent to the bill, adding that it would further deepen democracy and governance in Nigeria.
Continue Reading