House proposes termination of pre-election matters at Court of Appeal for governorship, legislative disputes
The House of Representatives has amended the 2026 Electoral Act to restrict original jurisdiction on pre-election matters in the presidential elections to the Court of Appeal, terminating at the Supreme
- Reps amend 2026 Electoral Act
The House of Representatives has amended the 2026 Electoral Act to restrict original jurisdiction on pre-election matters in the presidential elections to the Court of Appeal, terminating at the Supreme Court.
It also allows alternative service of an election petition through other means.
Original jurisdiction in pre-election matters in the governorship, National and State Assembly matters will now be reserved for the High Court, terminating at the Court of Appeal.
The amendment to the Act was sponsored by Deputy Speaker, Benjamin Kalu; the Chairman of the House Committee on Electoral Matters, Adebayo Balogun, as well as Babajimi Benson, Nnolim Nnaji, and Abubakar Makki Yalleman.
The new Section 29(5) states that “an aspirant who participated in the primaries of his political party and who has reasonable grounds to believe that any information given by the political party’s candidate in the affidavit or any document submitted by that candidate in relation to his constitutional requirements to contest the election is false, may file a suit at a court in the Federal Capital Territory (FCT) or in the jurisdiction where the cause of action arose, against that candidate seeking a declaration that the information contained in the affidavit is false”.
The new Section 29(A) reads: “Notwithstanding the provisions of any other law, all pre-election matters arising from the nomination of candidates and other pre-election activities under Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) and this Act shall be commenced, heard and determined in accordance with the provisions of this section.”
The section also states in subsection 2 that pre-election matters relating to elections into the National Assembly, the State Houses of Assembly, the office of Governor and Deputy Governor shall be commenced at the Federal High Court, and any appeal arising therefrom shall lie as of right to the Court of Appeal.
* 3: Pre-election matters relating to the office of President and Vice President shall be commenced at the Court of Appeal, which shall have and exercise original jurisdiction, and any appeal arising therefrom shall lie as of right to the Supreme Court.
* 4: No court shall entertain any pre-election matter except in accordance with the provisions of this section.
* 5: “The provisions of this section shall apply to all actions instituted under this Act in respect of pre-election matters.”
Presenting the Bills for consideration, the Chairman of the House Committee on Electoral Matters, Adebayo Balogun (APC, Lagos), said the amendments to the Electoral Act seek to provide clarity and certainty on the jurisdiction of courts in pre-election matters; enhance timely and efficient adjudication of pre-election matters.
He said it also introduces flexible and technology-driven modes of service of election petition processes; curb delays and technicalities associated with service of court processes; and modernise Nigeria’s electoral legal framework in line with technological advancements.
Balogun said the Bill on the jurisdiction for pre-election matters seeks to amend the Electoral Act, 2026, by introducing a new Section 29A to clearly define jurisdiction for pre-election matters.
He said the law would empower the Federal High Court to exercise original jurisdiction over National Assembly, State Assembly, and governorship pre-election matters; and terminates at the Court of Appeal, while the Court of Appeal will exercise original jurisdiction over presidential pre-election matters and terminates at the Supreme Court.
The lawmaker also said it would restrict courts from entertaining pre-election matters outside the prescribed jurisdiction, especially preventing pre-election matters from being dragged to the Supreme Court.
Balogun explained that the amendment seeking technology-driven service of election petition would amend Section 29(8) of the Electoral Act to mandate candidates to provide both physical and electronic contact details (email, phone number, etc.).
The lawmaker said it would also mend the First Schedule to the Act to recognise multiple modes of service, including personal delivery, registered post, electronic transmission (email, SMS, and other digital means), while providing that service is deemed effective upon proof of transmission.
He said it would also define acceptable proof of service, including electronic delivery confirmations and system-generated records; establish that failure of a respondent to acknowledge receipt does not invalidate service; and introduce a statutory definition of “electronic means” to accommodate evolving communication technologies.
According to him, there are ambiguities and inconsistencies in the current legal framework governing jurisdiction for pre-election matters, leading to conflicting judicial decisions.
Balogun noted that delays in the service of election petition processes have significantly affected the timely resolution of electoral disputes, while the reliance on physical service alone is now outdated and susceptible to manipulation, evasion, and logistical challenges.
The lawmaker explained that technological advancements provide credible, verifiable, and efficient alternatives for the service of court processes.
He added that the proposed amendments are consistent with Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), while the Bills align with international best practices in electoral dispute resolution and judicial efficiency.
He said the committee observed that the delineation of jurisdiction would significantly reduce preliminary objections and expedite the hearing of pre-election matters, and that granting original jurisdiction to the Court of Appeal in presidential pre-election matters is consistent with the importance and urgency of such disputes.
Balogun stressed that recognising electronic service would drastically reduce delays and prevent abuse of technicalities and that safeguards such as proof of transmission ensure fairness and due process, adding that passing the amendments will help address critical gaps in the Electoral Act, 2026.
He said the amendments should be harmonised with existing procedural rules of courts and election tribunals to ensure seamless implementation, adding that relevant judicial bodies be encouraged to develop complementary practice directions to operationalise electronic service.
Balogun said there was a need for adequate awareness and capacity-building measures for legal practitioners, political parties, and other stakeholders on the new provisions, adding that the proposed amendments would significantly improve the administration of electoral justice in Nigeria.
He said: “By clarifying jurisdictional boundaries and embracing technology in the service of processes, the bills will promote efficiency, reduce delays, discourage frivolous objections, and strengthen the credibility of the electoral system.”
