Electoral act 2026: CDJI-Nigeria sues NASS, others over law limiting courts’ jurisdiction in political parties’ internal affairs
The Registered Trustees of the Constitutional and Democratic Justice Initiative (CDJI-Nigeria) have instituted a suit before the Federal High Court in Ilorin, challenging provisions of the Electoral Act 2026 that bar courts from entertaining certain disputes arising from the internal affairs of political parties.
The suit, filed against the National Assembly, the Attorney General of the Federation and the Independent National Electoral Commission (INEC), seeks to nullify Sections 83(5) and 86(6)(b) of the Electoral Act 2026 on the grounds that they are inconsistent with the 1999 Constitution.
The group disclosed this in a statement signed by its Director, Prof. A. O. Sambo, and made available on its website on Saturday.
According to the statement, the case, marked FHC/IL/CS/94/26, contends that the disputed provisions violate Sections 4(8) and 6 of the Constitution by exceeding the legislative powers of the National Assembly and restricting the constitutional jurisdiction of the courts.
CDJI-Nigeria argued that the National Assembly lacks the constitutional authority to enact laws that shield the internal affairs of political parties from judicial scrutiny.
It maintained that Sections 83(5) and 86(6)(b) effectively prevent aggrieved members of political parties from seeking legal redress where their rights or political aspirations have allegedly been violated without due process.
The organisation warned that if the provisions remain in force, they could significantly alter the balance of powers among the legislature, the judiciary and INEC ahead of the 2027 general elections.
It added that striking down the provisions would restore the rights of party members whose legitimate political ambitions may have been unlawfully truncated to seek remedies before the courts.
The group further described the provisions as “ouster clauses,” arguing that such measures were characteristic of military rule and have no place in a democratic system of government.
“The National Assembly cannot legislate on what the Constitution forbids by shutting the courts out of electoral justice on matters relating to the internal affairs of political parties,” the statement said.
The Federal High Court in Ilorin has fixed July 8, 2026, for hearing of the matter.
