The Electoral Act 2026 and Our Courts -By Tochukwu Jimo Obi

The integrity of any democratic system rests not only on the credibility of its elections but also on the discipline of its institutions in upholding the law. In Nigeria, the Electoral Act 2026 was enacted to provide clarity, order, and predictability to the electoral process. However, recent developments suggest that certain provisions of this law are being tested in ways that could undermine its very purpose.

The internal disputes and disagreements currently bedevilling the major opposition political parties are unfortunate, to say the least. What should ordinarily be resolved through established party mechanisms has escalated into a flood of litigation, exposing deep fractures within party structures and distracting from their core democratic responsibilities.

These disputes have resulted in multiple cases involving party members being filed in various courts across the country. Rather than serving as neutral arbiters of justice, the courts are increasingly becoming arenas for political contests that ought to be settled internally. This trend not only clogs the judicial system but also risks politicising the judiciary in ways that could erode public confidence.

This situation persists despite the clear provisions of the law. Specifically, Section 83 of the Electoral Act 2026 stipulates that “No court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.” The intent of this provision is unmistakable: to prevent judicial interference in matters that political parties are best equipped to resolve on their own.

Yet, our courts continue to entertain such intra-party matters, thereby delaying party activities even as time is running out based on the Independent National Electoral Commission’s election schedule. This contradiction between law and practice raises serious concerns about consistency in judicial interpretation and adherence to statutory mandates.

In this regard, commendation should go to the Nigerian Bar Association President, Afam Osigwe, SAN, for his recent public statements reminding the courts of the provisions of the Electoral Act. His intervention underscores the role of the legal profession in safeguarding the rule of law and ensuring that legal processes are not misused for political advantage.

However, one continues to wonder why the leadership of the judiciary, particularly the Chief Justice of the Federation, the President of the Court of Appeal, the Chief Judge of the Federal High Court, and the Chief Judges of the 36 states and the Federal Capital Territory, have not taken more decisive steps to address these inconsistencies. Their silence or inaction risks being interpreted as acquiescence.

Furthermore, the Nigerian Bar Association should consider imposing sanctions on lawyers who knowingly file cases that violate the provisions of the law. Such disciplinary measures would serve as a deterrent and reinforce professional responsibility within the legal community. Lawyers must not become instruments for circumventing clear legal boundaries.

INEC, too, through its legal department, must remain vigilant and guided strictly by the law in the discharge of its duties. As the body responsible for overseeing elections, its actions must reflect a firm commitment to legality and procedural integrity. Nigeria is not a lawless country, and our laws must not only exist on paper but must be preserved, respected, and protected in practice.

Tochukwu Jimo Obi, a concerned Nigerian writes from Obosi in Idemili North LGA of Anambra state.