Civil Society Group Sues National Assembly, INEC, AGF Over Electoral Act Provisions
A civil society organisation, the Registered Trustees of Constitutional and Democratic Justice Initiative, has filed a lawsuit against the National Assembly, the Independent National Electoral Commission (INEC), and the Attorney General of the Federation over controversial provisions in the Electoral Act, 2026, which it argues are unconstitutional.
The suit, filed before the Federal High Court in Ilorin, Kwara State, seeks the nullification of Sections 83(5) and 86(6)(b) of the Act. According to the organisation, the provisions unlawfully remove the authority of courts to hear matters relating to the internal affairs of political parties.
The legal challenge follows the recent enactment of the Electoral Act, 2026, which introduced new provisions preventing courts from entertaining disputes linked to political party activities. At the centre of the controversy is Section 83, which grants INEC powers to monitor political parties and request explanations regarding their actions.
In a statement issued on Saturday, the organisation’s Director, Prof. A. O. Sambo, accused the National Assembly of exceeding its constitutional powers by passing the disputed provisions.
“The National Assembly cannot legislate on matters the Constitution prohibits by shutting the courts out of electoral justice involving political parties,” Sambo said.
He argued that Sections 83(5) and 86(6)(b) violate Sections 4(8) and 6 of the 1999 Constitution by exceeding legislative authority and restricting judicial powers.
According to him, the claimant is asking the court to declare the provisions unconstitutional and strike them down for being inconsistent with constitutional principles.
Sambo further warned that if the provisions remain in force, aggrieved members of political parties could be denied access to justice ahead of the 2027 general elections.
“Political party members whose legitimate ambitions have been unfairly blocked should have the right to seek justice in court without legal barriers preventing judicial intervention,” he said.
He also described such provisions as a threat to democratic principles, noting that “ouster clauses were a hallmark of military regimes and should have no place in Nigeria’s democracy.”
The case, marked FHC/IL/CS/94/26, has been scheduled for hearing on July 8.
