Senate passes 2026 Electoral Act amendment bill, awaits Tinubu’s assent

The Nigerian Senate has passed the 2026 Electoral Act Amendment Bill, introducing major changes aimed at resolving long-standing disputes surrounding pre-election cases and clarifying which courts have the authority to hear them.

The bill, which was passed during Thursday’s plenary session, is expected to reshape how electoral disputes are handled ahead of future elections, particularly as political parties begin preparations for the 2027 general elections.

The legislation was presented by Senator Simon Lalong, chairman of the Senate Committee on the Independent National Electoral Commission (INEC), who said the amendment was designed to eliminate the confusion, conflicting judgments, and jurisdictional disputes that have repeatedly complicated Nigeria’s electoral process.

According to Lalong, the amendment focuses primarily on defining the jurisdiction of courts in pre-election matters and creating a more predictable legal framework for electoral litigation.

He argued that democracy depends not only on conducting elections but also on ensuring credibility and certainty in the legal processes leading up to them.

“The legitimacy of candidates and the integrity of party primaries are foundational pillars of representative democracy,” Lalong said during the debate.

He explained that the amendment seeks to revise Section 29 of the Electoral Act while also introducing a new Section 29A to establish a clearer judicial structure for handling pre-election disputes.

Under the proposed framework, pre-election cases involving governorship, National Assembly, and state House of Assembly elections would originate at the Federal High Court, with appeals proceeding to the Court of Appeal.

For presidential and vice-presidential election disputes, however, original jurisdiction would rest directly with the Court of Appeal, while final appeals would be determined by the Supreme Court.

Lalong said the proposal was intended to reduce unnecessary delays and prevent litigants from filing multiple suits in different courts in search of favourable judgments.

According to him, the amendment would also address what he described as “forum shopping,” contradictory rulings from courts of coordinate jurisdiction, and constitutional tensions that have weakened confidence in Nigeria’s electoral adjudication process.

He maintained that the bill would bring procedural discipline and strengthen electoral justice ahead of future elections.

Senator Mohammed Monguno, representing Borno North, supported the amendment, describing it as timely and necessary for improving Nigeria’s electoral litigation system.

“This amendment is apt and germane,” Monguno said, adding that it would improve judicial efficiency and reduce confusion in the handling of election-related disputes.

Following deliberations, the Senate unanimously passed the bill.

Senate President Godswill Akpabio commended the INEC committee for its work on the legislation, expressing confidence that President Bola Tinubu would assent to the bill.

He said the amendment would help deepen democracy, strengthen governance, and improve public trust in Nigeria’s electoral system as the country moves closer to another election cycle.

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