CSO seeks to void Electoral Act clauses on party disputes

A civil society organization known as the Registered Trustees of Constitutional and Democratic Justice Initiative has launched a legal challenge against several key institutions in Nigeria, seeking to invalidate specific sections of the recently enacted Electoral Act, 2026. The lawsuit was filed in the Federal High Court in Ilorin, Kwara State, targeting the National Assembly, the Independent National Electoral Commission (INEC), and the Attorney General of the Federation. At the heart of this dispute are two particular provisions within the Electoral Act—Sections 83(5) and 86(6)(b)—which the organization claims strip the judiciary of its authority to adjudicate matters related to the internal workings of political parties. The legal action stems directly from the passage of the Electoral Act, 2026, by the National Assembly, which introduced new measures preventing courts from handling cases involving the internal affairs of political entities. These provisions are seen as a significant departure from existing constitutional norms, particularly regarding the role of the judiciary in ensuring democratic processes remain transparent and just. Section 83 of the Act, which grants INEC the power to oversee political parties and demand clarifications about their operations, has become central to the ongoing legal battle. Prof A. O. Sambo, who serves as the director of the organization behind the lawsuit, expressed strong concerns about the implications of these newly introduced laws. In a recent statement, he argued that the National Assembly had overstepped its constitutional boundaries by enacting these provisions. According to Sambo, such legislation contradicts the principles outlined in Sections 4(8) and 6 of the Nigerian Constitution, which define the limits of legislative power and emphasize the importance of judicial oversight. The organization's legal team is requesting the court to declare these sections of the Electoral Act unconstitutional and to remove them from the statute books. They argue that allowing these provisions to remain in effect could prevent members of political parties from seeking redress through the courts, especially in the lead-up to the 2027 general elections. This concern is rooted in the belief that individuals whose rights have been infringed upon should have the opportunity to present their grievances in a court of law without facing procedural barriers. Sambo further criticized the inclusion of so-called "ouster clauses" in the Electoral Act, noting that such mechanisms were commonly used during military rule in Nigeria. He emphasized that these types of provisions should not be reintroduced under a democratic framework, as they risk undermining the rule of law and the ability of citizens to hold their leaders accountable. The case, designated as FHC/IL/CS/94/26, is set to be heard by the court on July 8. As the legal proceedings unfold, all eyes will be on how the judiciary interprets the constitutionality of these provisions and whether they will uphold the principle that courts play a vital role in safeguarding democratic values and protecting the rights of citizens. The outcome of this case could have far-reaching consequences for the future of electoral governance in Nigeria.