Electoral Act: Reps propose Appeal Court final for gov, N’Assembly petitions

The House of Representatives on Wednesday amended the Electoral Act 2026 to allow governorship and National Assembly election petitions to terminate at the Court of Appeal.

The proposal forms part of broader reforms introducing technology-driven service of election petition processes, including e-service through email, SMS, and other digital platforms, to reduce delays, curb technical objections, and improve the efficiency of electoral dispute resolution.

The resolution of the House followed the adoption of a report by the House Committee on Electoral Matters at the Committee of the Whole.

The lawmakers had, during a plenary session, passed two bills through the second reading stage and committed them to the Committee of the Whole, presided over by the presiding officer and Deputy Speaker of the House, Dr Benjamin Kalu.

Taking his colleagues through the general principles of the bills, the Chairman, Committee on Electoral Matters, Adebayo Balogun, listed the objectives of the bills to include “providing clarity and certainty on the jurisdiction of courts in pre-election matters; enhancing timely and efficient adjudication of pre-election matters; introducing flexible and technology-driven modes of service of election petition processes and curbing delays and technicalities associated with service of court processes.”

The first bill amended Section 29(8) to mandate candidates to provide both physical and electronic contact details (email, phone number, etc.).

The amendment recognises multiple modes of service, including “personal delivery, registered post; electronic transmission (email, SMS, and other digital means), provided that service is deemed effective upon proof of transmission.”

The amendment also defines acceptable proof of service, including electronic delivery confirmations and system-generated records, and establishes that a respondent’s failure to acknowledge receipt does not invalidate service.

The second bill, which deals with jurisdiction for pre-election matters, introduced a new Section 29(a) which empowers the Federal High Court to exercise original jurisdiction over National Assembly, state assembly, and governorship pre-election matters, with election petitions to terminate at the Court of Appeal.

“The Court of Appeal is to exercise original jurisdiction over presidential pre-election matters and terminates at the Supreme Court, while restricting courts from entertaining pre-election matters outside the prescribed jurisdiction,” the amendment reads in part.

Speaking on the panel’s findings, Balogun said it was discovered that “the reliance on physical service alone is outdated and susceptible to manipulation, evasion, and logistical challenges. Technological advancements provide credible, verifiable, and efficient alternatives for the service of court processes.”

According to him, “there exists ambiguity and inconsistency in the current legal framework governing jurisdiction for pre-election matters, leading to conflicting judicial decisions. There are delays in the service of election petition processes, which have significantly affected the timely resolution of electoral disputes.”

The Lagos lawmaker noted that amendments were consistent with Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and align with international best practices in electoral dispute resolution and judicial efficiency.

He continued, “The committee engaged in extensive deliberations on the provisions of the bills, noting that the delineation of jurisdiction will significantly reduce preliminary objections and expedite hearing of pre-election matters.”

He added that granting original jurisdiction to the Court of Appeal in presidential pre-election matters is consistent with the importance and urgency of such disputes.

“The committee is of the considered view that the proposed amendments will significantly improve the administration of electoral justice in Nigeria.

“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.

“Section 29(5) of the Principal Act is amended by substituting for the existing subsection (5) a new subsection to read, “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 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.”

Insertion of new Section 29A of the Principal Act, read, “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.

“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.

“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.

“No court shall entertain any pre-election matter except in accordance with the provisions of this section.

“The provisions of this section shall apply to all actions instituted under this Act in respect of pre-election matters.”

Attempts by Sokoto lawmaker, Abdussamad Dasuki, to draw the attention of the House to possible transmission of electronic mails to spam folders were waved aside as both Kalu and Balogun insisted that the amendment was not meant to replace the physical transmission of service, but also to expand the mode of communication.