The Federal High Court in Abuja has dismissed a suit filed by former House of Representatives member, Igbokwe Igbokwe, seeking to nullify Sections 88 and 29(1) of the Electoral Act 2026.
Delivering judgment, James Omotosho held that the plaintiff lacked the legal standing to institute the suit and described the case as incompetent and without merit.
Igbokwe, who currently serves as Special Assistant to the Speaker of the House of Representatives on Inter-Governmental Affairs, had sued the Attorney-General of the Federation and the Independent National Electoral Commission, arguing that the provisions were unconstitutional and discriminatory against political appointees seeking elective office.
The former lawmaker contended that Section 88 of the Electoral Act, which bars political appointees from participating as delegates or contestants in party primaries unless they resign, conflicted with constitutional provisions allowing public office holders to leave office 30 days before elections.
He also argued that Section 29(1), requiring political parties to conclude primaries at least 120 days before elections, effectively compelled political appointees to resign much earlier than provided in the Constitution.
However, Justice Omotosho ruled that the National Assembly acted within its constitutional powers in enacting laws regulating party primaries and electoral processes.
The judge held that Sections 29 and 88 of the Electoral Act 2026 were valid and did not conflict with any constitutional provisions.
According to the court, the Electoral Act was designed to strengthen internal party democracy and regulate the conduct of political parties and elections.
Justice Omotosho further stated that if the plaintiff intends to contest in the 2027 general elections, he must comply with the provisions of Section 88 of the Electoral Act.
The court subsequently dismissed the suit for lack of merit.