Senate Amendments Set Clear Courts for Pre‑Election Disputes

TL;DR: The Senate approved an amendment to the Electoral Act 2026 that assigns federal high courts, courts of appeal and the Supreme Court specific jurisdiction over pre‑election disputes, aiming to stop forum shopping and conflicting rulings.

Context The Senate voted Thursday to amend the Electoral Act 2026, the first major change since President Bola Tinubu signed the law. The bill, led by Senator Simon Lalong of Plateau South, targets the practice of filing identical nomination lawsuits in multiple courts to secure a favorable judgment. Lawmakers argue that such “forum shopping” creates uncertainty that can derail the electoral calendar.

Key Facts - The amendment designates federal high courts as the first instance for disputes involving national assembly, governorship and state assembly elections. Appeals from these courts move to the Court of Appeal. - Presidential and vice‑presidential pre‑election cases will start at the Court of Appeal, with any further appeal going directly to the Supreme Court, the nation’s highest court. - Section 29A of the Act will replace the current ambiguous provisions, mandating that no court may hear a pre‑election matter outside this framework. - Senator Lalong emphasized that democracy depends not only on holding elections but also on a credible, predictable legal process beforehand. He said the amendment reduces hardship for litigants by allowing actions in the Federal Capital Territory or the jurisdiction where the cause arose. - Senate Chief Whip Mohammed Monguno called the change “apt and germane,” noting it will nip forum shopping in the bud. Senator Ekong Sampson warned that unchecked jurisdictional abuse threatens democratic stability.

What It Means By fixing jurisdiction, the amendment promises faster resolution of party‑primary disputes, giving the Independent National Electoral Commission (INEC) clearer timelines to certify candidates. Eliminating contradictory rulings should bolster public confidence in both the judiciary and the electoral process. The reform also aligns court assignments with constitutional logic, reducing the incentive for litigants to chase favorable venues.

The next test will be how quickly the courts adapt to the new hierarchy and whether parties respect the streamlined process during the upcoming election cycle.