The Nigerian Senate passed a critical amendment to the Electoral Act 2026 on Thursday, establishing a strict jurisdictional framework for pre-election matters to eliminate the menace of conflicting court rulings. Sponsored by Senator Simon Lalong, the bill passed its second and third readings in a single session, aiming to sanitise the legal process surrounding candidate nominations and party primaries.
The legislation primarily targets "forum shopping," a controversial tactic where litigants file similar cases in multiple courts across different states to secure contradictory or favourable injunctions. By introducing a new Section 29A, the bill creates a clear hierarchy for where these disputes must originate. Under the new rules, pre-election cases involving National Assembly, governorship, and state assembly contests must begin at the Federal High Court. Conversely, disputes regarding presidential and vice-presidential candidates will now originate at the Court of Appeal, with the Supreme Court serving as the final arbiter.
Leading the debate, Senator Lalong, who chairs the Senate Committee on Electoral Matters, argued that the predictability of the legal process is a cornerstone of any stable democracy. He noted that the discrepancy of candidates and the integrity of party primaries are foundational pillars of representative democracy. Lalong emphasised that when the legal framework is uncertain, the entire electoral architecture becomes vulnerable to confusion and unnecessary delays.
The amendment follows the original Electoral Act 2026 signed into law by President Bola Tinubu on February 18. While the initial Act focused on the integration of the Bimodal Voter Accreditation System (BVAS) and electronic result transmission, lawmakers identified judicial ambiguity as a lingering threat to election planning. The new provisions ensure that the legal status of candidates is settled before general elections, providing the Independent National Electoral Commission (INEC) with a stable list for ballot preparation.
Senate Chief Whip Mohammed Monguno described the amendment as "apt and germane," noting that it would nip in the bud the "ugly scenario" of litigants filing matters at will in different jurisdictions. Senator Adams Oshiomhole added that the bill does not violate the Nigerian constitution and provides unambiguous objectives to reduce prolonged litigation over nominations.
By mandating that actions be instituted either in the Federal Capital Territory or the specific jurisdiction where the cause of action arose, the Senate expects to reduce the hardship on litigants and improve access to justice. Having already passed in the House of Representatives, the bill now moves toward presidential assent to become part of the nation's electoral laws.