The Senate has passed an amendment to the Electoral Act 2026 aimed at establishing clear jurisdiction for pre-election matters and reducing conflicting court judgments arising from disputes over party primaries and candidate nominations.
According to a report by TheCable, the bill, sponsored by Simon Lalong, senator representing Plateau South and chairman of the Senate Committee on Electoral Matters, passed second and third readings on Thursday.
The proposed amendment seeks to curb the practice known as “forum shopping”, where litigants file similar cases in multiple courts across different jurisdictions in search of favourable rulings.
Under the legislation, designated courts would exclusively handle pre-election disputes in a bid to prevent contradictory judgments from courts of coordinate jurisdiction.
Lawmakers said the amendment would also streamline the resolution of disputes linked to party primaries and ensure the legal status of candidates is settled before general elections are conducted.
The bill further reinforces timelines for the Independent National Electoral Commission (INEC) to finalise candidate lists, a move senators said would improve electoral planning and stability.
The amendment represents the first major revision to the Electoral Act 2026, which President Bola Tinubu signed into law on February 18.
While the 2026 Act formally integrated the Bimodal Voter Accreditation System (BVAS) and electronic transmission of election results into Nigeria’s electoral framework, senators argued that unresolved ambiguities surrounding pre-election litigation required urgent legislative clarification.
Leading debate on the bill, Senator Lalong said the credibility of democracy depended not only on elections themselves but also on the certainty and integrity of the legal processes preceding them.
“Democracy thrives not merely on the conduct of elections, but also on the credibility, certainty, and predictability of the legal process that precedes the post-election,” he said.
“The discrepancy of candidates and the integrity of party primaries are foundational pillars of representative democracy.
“Where the legal framework regulating the pre-election dispute is uncertain or conflicting, the entire electoral architecture becomes vulnerable to confusion, forum shopping, contradictory judgments, and unnecessary delays.”
Lalong said the bill proposes amendments to Section 29 of the Electoral Act and introduces a new Section 29A to clearly define jurisdictional competence in pre-election matters.
According to him, the amendment to Section 29(5) would permit aspirants to institute legal actions either in the Federal Capital Territory or in the jurisdiction where the cause of action originated.
“This amendment is both practical and equitable,” he said.
“It reduces hardship on litigants, improves access to justice and aligns electoral adjudication with territorial realities surrounding political primaries and nomination processes.”
The senator explained that the proposed Section 29A would establish that pre-election matters relating to National Assembly, governorship and state assembly elections would originate at the Federal High Court, with appeals proceeding to the Court of Appeal.
Disputes involving presidential and vice-presidential elections, he added, would originate at the Court of Appeal, with appeals proceeding directly to the Supreme Court.
“Mr President, this proposal is not arbitrary,” Lalong said.
“It is rooted firmly in constitutional logic, judicial efficiency, and the drafting of hierarchy of courts.”
He also argued that the amendment would eliminate the “dangerous practice” of litigants filing multiple suits in different judicial divisions in search of favourable court orders.
“Such practices erode public confidence in the judiciary and undermine electoral stability,” he said.
“By expressly providing that no court shall entertain pre-election matters except in accordance with the proposed Section 29A, this amendment introduces certainty and procedural discipline into electoral adjudication.”
Several senators supported the proposal during debate.
Mohammed Monguno, Senate Chief Whip and senator representing Borno North, described the amendment as necessary to address abuse of judicial process in election matters.
“This amendment is apt and germane. This bill seeks to nip in the bud the ugly scenario of forum shopping whereby litigants file election matters at their will in different jurisdictions in order to seek for favourable orders in their favour,” Monguno said.
Ekong Sampson, senator representing Akwa Ibom South, warned that forum shopping posed a threat to democratic stability.
“So much has been said about the dangers of forum shopping, where litigants explore a space that favours them, to find suits that will favour them. This is dangerous to democracy. This is dangerous to our political space,” he said.
Adams Oshiomhole, senator representing Edo North, also backed the legislation, saying it would help reduce prolonged litigation over candidate nominations.
“I’d like to lend my support to this proposed amendment. I’m very clear it does not in any way violate the constitution of Nigeria and these objectives are also very clear and unambiguous,” Oshiomhole said.
The House of Representatives had earlier passed the bill on Thursday.