Jurisdictional Timelines in Pre‑Election Litigation under the Electoral Act 2026

By Okoi Obono-Obla 

Jurisdictional Timelines in Pre‑Election Litigation under the Electoral Act 2026:

Almost all political parties have concluded their primaries to nominate candidates for the 2027 general elections. The Electoral Act 2026 vests jurisdiction in the Federal High Court and the High Court of the Federal Capital Territory, Abuja to entertain suits filed by aggrieved aspirants who contend that their party primaries were not conducted in accordance with the Constitution of their political parties, the Guidelines on the Conduct of Party Primaries, the Electoral Act 2026, and the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Such actions are classified as pre‑election litigations.

Section 285(9) of the 1999 Constitution (as amended) provides a strict timeline of 14 days from the date of the primary election within which an aggrieved aspirant must file suit. The computation of time begins on the day the primary is conducted.

For instance, the All Progressives Congress (APC) conducted its primaries for the nomination of candidates for the House of Representatives on 16 May 2026. Accordingly, the 14‑day period commenced on 16 May and lapsed on 30 May 2026. Although 30 May fell on a Saturday, the sui generis nature of election litigation prompted the Chief Registrar of the Federal High Court to direct registries nationwide to remain open on Saturdays and Sundays, ensuring litigants were not hindered from filing their claims.

Similarly, the APC Senatorial primaries held on 18 May 2026. The 14‑day timeline began on 18 May and expired on Tuesday, 2 June 2026. Any aspirant who failed to file a claim by 30 May (House of Representatives) or 2 June (Senatorial) lost the right to invoke the jurisdiction of the court. It is well settled that courts do not activate jurisdiction to hear stale claims.

The APC Constitution (Article 20) emphasizes internal democracy and mandates that primaries be conducted in line with party guidelines and the Electoral Act. The Guidelines on Conduct of Party Primaries further stipulate transparent procedures, adherence to timelines, and compliance with constitutional provisions. Where these are breached, aspirants may seek redress, but only within the constitutionally prescribed 14‑day window.

Conclusion:
Pre‑election litigation is a specialized mechanism designed to safeguard internal party democracy and compliance with electoral laws. However, the strict constitutional timeline under Section 285(9) ensures that disputes are resolved expeditiously. Aspirants and their counsel must therefore act promptly, as failure to file within the stipulated period extinguishes the right to judicial intervention.