The Nigerian Senate has approved fresh amendments to the Electoral Act 2026, repositioning the Court of Appeal as the highest judicial authority for resolving pre-election disputes across governorship, National Assembly, and state Houses of Assembly elections.
The upper chamber of the National Assembly also granted the Court of Appeal original jurisdiction to hear pre-election cases tied to presidential elections, with any further appeals channelled straight to the Supreme Court, effectively cutting out intermediate courts from the process.
The legislation, which cleared both second and third readings on the floor of the Senate, was sponsored by Senator Simon Bako Lalong, who represents Plateau South.
Tackling Conflicting Judgments
The amendments push to end the damaging practice of forum shopping, which is described as a tactic where litigants deliberately file cases in courts perceived to be sympathetic to their cause. This has long produced conflicting rulings from courts of equal standing, generating legal confusion and prolonged uncertainty around electoral contests.
By assigning clear jurisdictional responsibility to specific courts, the amended law also targets the timely resolution of disputes over candidate eligibility, so that questions about who legally qualifies to contest an election are settled well before voting begins.
The bill also introduces a new Section 29A into the Electoral Act while amending the existing Section 29, with the express goal of establishing unambiguous rules on which courts hold competence over which categories of pre-election disputes.
Under the revised Section 29(5), aggrieved aspirants may file legal actions either within the Federal Capital Territory or in the jurisdiction where the dispute originally arose.
Lalong: Electoral Credibility Starts Before Voting Day
Leading the debate on Thursday, Senator Lalong argued that the health of democracy extends far beyond the polling booth.
“The legitimacy of candidates and the integrity of party primaries are foundational pillars of representative democracy,” he said.
He warned that an unstable legal framework creates fertile ground for abuse.
“Where the legal framework regulating pre-election disputes is uncertain or conflicting, the entire electoral architecture becomes vulnerable to confusion, forum shopping, contradictory judgments, and unnecessary delays,” he added.
Broad Senate Support
Naija News reports that several senators, who spoke during plenary, voiced support for the bill.
Senator Ekong Sampson, representing Akwa Ibom South, said forum shopping is a direct threat to democratic governance.
“So much has been said about the dangers of forum shopping, where litigants explore spaces that favour them to file suits that will favour them.
“This is dangerous to democracy. This is dangerous to our political space,” Sampson said.
He expressed confidence that the amendment would foster fairness, consistency, and public trust in electoral adjudication.
Edo North Senator, Adams Oshiomhole, also threw his weight behind the bill, arguing that it would curtail the lengthy litigation battles that have historically trailed candidate nomination processes.
House Of Representatives Had Moved First
The Senate’s passage of the amendment follows a similar legislative action taken by the House of Representatives.
The lower chamber had equally moved to make the Court of Appeal the terminal court for pre-election disputes touching on governorship races, National Assembly seats, and State Assembly positions.
The House version of the bill was co-sponsored by Deputy Speaker Benjamin Kalu alongside four committee chairmen – Adebayo Balogun (Electoral Matters), Babajimi Benson (Defence), Nnolim Nnaji (Ports and Harbour), and Makki Yalleman (Police).
Presenting the bill’s core principles during plenary, Balogun described the amendment to Section 29 of the Electoral Act 2026 as one that would deliver “clarity, certainty, and uniformity” in how pre-election matters stemming from party primaries are adjudicated across the country.
With both chambers now aligned on the reform, the amended Electoral Act 2026 moves closer to becoming the new legal standard governing Nigeria’s pre-election dispute resolution landscape.
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