Senate Okays Electoral Act Amendment to End Conflicting Court Rulings

The Nigerian Senate has approved key amendments to the Electoral Act 2026 aimed at ending conflicting court decisions in pre-election disputes and streamlining electoral litigation across Nigeria.

Lawmakers adopted the reforms during plenary after the bill sponsored by Senator Simon Bako Lalong scaled its second and third readings.

A central feature of the amendment is the designation of the Court of Appeal as the final court for pre-election disputes involving governorship, National Assembly, and State House of Assembly elections. 

The upper legislative chamber also expanded the appellate court’s role by allowing it to serve as the court of first instance for presidential election-related disputes, with appeals moving directly to the Supreme Court.

The reform seeks to address long-standing concerns about inconsistent judgments from courts of coordinate jurisdiction, which have often complicated candidate selection processes and party primaries.

Lalong, while leading the debate on the bill, argued that clarity in judicial authority is essential to electoral stability.

“Democracy is weakened when disputes over candidate emergence drag on without certainty,” he said. 

“What we are correcting is a system that has allowed confusion in pre-election litigation.”

He further explained that the amendment revises Section 29 of the Electoral Act and introduces a new Section 29A to clearly define which courts have jurisdiction over specific electoral disputes.

Under the new structure, aspirants will be able to file pre-election cases either in the Federal Capital Territory or in the jurisdiction where the dispute originated.

Support for the bill was strong during deliberations.

Senator Ekong Sampson said the reform would reduce manipulation of the judicial system by litigants seeking favourable courts.

“When litigants move from one court to another in search of advantage, it undermines the credibility of our democracy,” he said. “This amendment restores order and fairness.”

He added that a more predictable legal framework would strengthen public trust in the electoral process.

Also backing the legislation, Senator Adams Oshiomhole said prolonged disputes over party nominations had repeatedly disrupted political planning and governance.

The Senate’s decision follows a similar move by the House of Representatives, which recently passed parallel amendments to the Electoral Act 2026.

In the House version, the Court of Appeal was also designated as the final court for pre-election disputes involving governorship, National Assembly, and State Assembly elections.

The proposal in the lower chamber was jointly sponsored by Deputy Speaker Benjamin Kalu alongside other lawmakers, including Adebayo Balogun.

Balogun had described the reform as a necessary step toward “uniform interpretation and consistency in electoral justice,” noting that uncertainty in jurisdiction had long affected election timelines.

With both chambers aligning on the reform, attention now shifts to its final harmonisation and potential presidential assent, a development expected to reshape how pre-election disputes are handled in Nigeria’s electoral system.