By George OPARA
The Nigerian senate in its accelerated legislative duty has approved amendment to the Electoral Act, 2026 to first and second reading at Thursday plenary.
The character of the bill seeks to subsume pre-election matters to a definite court jurisdiction rather than allowing courts possessing equal authority to continue to have contradictory verdicts arising from the process of selecting a candidate for election.
In his lead debate, Senator Simon Lalong, Chairman, senate committee on electoral matters, representing plateau south who sponsored the bill said it seeks to curb “forum shopping”, a practice where litigants, according to him, initiate successive lawsuits regarding the same subject matter across differently located cognate courts in the states of the federation to obtain favourable rulings.
BILL SEEKS TO STOP RIVALRIES IN COURT VERDICTS
The alteration seeks to clearly authorize few courts to adjudicate over pre-election matters, avoiding contradictory judgments from courts that exercise equal powers and streamline the settlement of disputes emanating from party primaries that will ultimately ensure that the status of candidates are free from any legal encumbrances ahead of the general elections.
Not only that, the lawmaker explained that the amendment would provide abiding timelines for the Independent National Electoral Commission (INEC) to publish an acceptable candidate lists that can create value and greater stability for election planning.
The modification, however, represents the first major adjustment to the Electoral Act, 2026 signed into law by President Bola Tinubu on February 18.
While the 2026 Act is occupied by the statutory integration of the bimodal voter accreditation system (BVAS) and electronic transmission of results, senators said judicial ambiguities surrounding pre-election suits required urgent clarification.
LALONG: CONFUSION IN ELECTORAL DISPUTES UNDERMINE DEMOCRACY
In his Lead debate, Lalong said democracy not only rely on elections but basically on the credibility and predictability of a legal framework established before voting..
He said, “Democracy thrives not merely on the conduct of elections, but also on the credibility, certainty, and predictability of the legal process that precedes the post-election.
“The discrepancy of candidates and the integrity of party primaries are foundational pillars of representative democracy.
“Where the legal framework regulating the pre-election dispute is uncertain or conflicting, the entire electoral architecture becomes vulnerable to confusion, forum shopping, contradictory judgments, and unnecessary delays.”
The senator who upholds the bill said it proposes amendments to section 29 of the Electoral Act and introduces a new section 29A to clearly define jurisdictional competence in pre-election matters.
He added “The amendment to section 29(5) would allow aspirants to institute actions either in the federal capital territory or in the jurisdiction where the cause of action arose.
In his words, “This amendment is both practical and equitable.
“It reduces hardship on litigants, improves access to justice and aligns electoral adjudication with territorial realities surrounding political primaries and nomination processes.”
On the proposed section 29A, Lalong expounded that it would establish a jurisdictional framework under which pre-election matters relating to national assembly, governorship and state assembly elections would originate at the federal high court, with appeals going to the court of appeal, affirming that disputes relating to presidential and vice-presidential polls would originate at the court of appeal, with appeals proceeding directly to the supreme court.
He further assured, “Mr. President, this proposal is not arbitrary, noting that the change is rooted firmly in constitutional logic, judicial efficiency and, the drafting of hierarchy of courts.
He, also maintained that the bill would eliminate the “dangerous practice” of litigants filing multiple suits in different judicial divisions in search of favourable orders.
“Such practices erode public confidence in the judiciary and undermine electoral stability.
“By expressly providing that no court shall entertain pre-election matters except in accordance with the proposed section 29A, this amendment introduces certainty and procedural discipline into electoral adjudication.”
SENATORS SUPPORT THE BILL
In his contribution, Senator Mohammed Monguno, senate chief whip, representing Borno north welcomed the bill, noting that the amendment would resolve the abuse of judicial process in election matters.
While Monguno further highlighted that the amendment is apt and germane, seeking to nip in the bud the ugly scenario of forum shopping through which litigants file election matters at their will in different jurisdictions in order to seek for favourable orders in their favour and, discourage conduct that weakens public trust in the judiciary, the lawmaker representing Akwa Ibom south, Ekong Sampson, said the bill raises critical issues about the sanctity of the electoral process and the role of the judiciary in democracy
Further backing the amendment, senator Adams Oshiomhole, representing Edo north, said it would help reduce protracted litigation over candidate nominations.
But Spear News recalls
that this bill that seeks to eliminate ambiguities in the evolving democratic process before election was first passed in the lower chamber on the same Thursday.
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