Court to rule on Electoral Act provision on INEC’s power to review election results
AI Executive Briefing
Gemini Flash AI~45s readThe Federal High Court in Abuja is set to rule on the constitutionality of Section 65(b) of the Electoral Act 2026, which allows INEC to review election results within seven days. The plaintiffs contend this power undermines the judiciary's role, while INEC and the National Assembly argue it is a necessary safeguard against fraudulent returns.
Context & Background
- ✦The Electoral Act 2026 was enacted to amend the 2022 Act, specifically refining INEC's administrative powers regarding the review of election results.
- ✦The legal dispute centers on whether administrative review by INEC conflicts with Section 134(1) of the Act and Section 285 of the 1999 Constitution, which designate election tribunals as the primary venue for challenging results.
Key Figures & Named Entities
•Sam Amadi, Director of the Abuja School of Social and Political Thoughts, leading the challenge against the provision.•Kemasuode Wodu (SAN), counsel for the plaintiffs, and Afam Osigwe (SAN), counsel for INEC, presented opposing arguments regarding the potential for fraud versus the threat to democratic processes.
Outlook & Next Steps
The court will deliver its judgment on 8 December, which will likely be subject to further review by appellate courts given the significance of the provision for upcoming general elections.
Key Takeaways
AI Summary- The Federal High Court in Abuja has scheduled 8 December for judgment on a suit challenging the constitutionality of Section 65(b) of the Electoral Act 2026.
- Plaintiffs, led by the Abuja School of Social and Political Thoughts, argue that INEC's power to review election results infringes on the exclusive jurisdiction of election tribunals.
- While some political parties support the plaintiffs, the majority of the 22 registered parties and the National Assembly have urged the court to dismiss the suit as incompetent.
Key Facts:18 February: President Bola Tinubu signed the Electoral Act 2026 into law.24 August: The Abuja School of Social and Political Thoughts filed the suit challenging INEC's review powers.8 December: The Federal High Court in Abuja set the date for the final judgment.
Editorial Excerpt
The plaintiffs urged the court to strike down section 65(b) of the Electoral Act 2026, which empowers INEC to review results declared by returning officers in violation of prescribed procedures.
Frequently Asked Questions About This Story
What specific power does Section 65(b) of the Electoral Act 2026 grant to INEC?
It empowers INEC to review, within seven days, any election declaration or return if the commission is satisfied that it was made knowingly and willfully contrary to prescribed collation procedures.
Why do the plaintiffs believe Section 65(b) is unconstitutional?
They argue it interferes with the finality of results declared by returning officers and conflicts with constitutional provisions that mandate election disputes be handled exclusively by election tribunals.
Related Topics & Entities
All Progressives CongressNational Democratic PartyFederal Capital TerritoryAfrican Democratic CongressNational Assembly of NigeriaAction Democratic PartyAll Progressives Grand AllianceNational Rescue MovementBoot PartyYouth PartySocial Democratic PartyDemocratic Leadership AlliancePeoples Democratic PartyAction AllianceAfrican Action CongressIndependent National Electoral CommissionNigeria Democratic CongressBola Ahmed Tinubu
