Reps amend Electoral Act, move Election Petitions to A'Court

The House of Representatives on Wednesday approved amendments to the Electoral Act 2026 that will limit governorship and National Assembly election petition cases to the Court of Appeal, as part of wider electoral reforms aimed at speeding up dispute resolution and reducing court delays.

The proposed changes introduce the use of digital technology in the service of court processes, allowing election petition documents to be served through email, SMS, and other electronic platforms. Lawmakers say the move is designed to reduce technical objections, prevent delays, and improve efficiency in handling electoral disputes.

The decision followed the adoption of a report by the House Committee on Electoral Matters during the Committee of the Whole session presided over by Deputy Speaker Dr. Benjamin Kalu.

Chairman of the committee, Adebayo Balogun, explained that the reforms seek to clarify court jurisdiction in pre-election matters, speed up adjudication processes, and modernise the service of legal processes using technology.

Under the amendment to Section 29(8), candidates will now be required to provide both physical and electronic contact details, including email addresses and phone numbers. Service of court processes will be valid if delivered physically, through registered post, or electronically, with proof of transmission such as delivery confirmations or system-generated records. Failure of a recipient to acknowledge receipt will not invalidate service.

Another amendment introduces a new Section 29A, which establishes jurisdictional rules for pre-election matters. It assigns the Federal High Court original jurisdiction over National Assembly, state assembly, and governorship disputes, with appeals going to the Court of Appeal. For presidential pre-election matters, the Court of Appeal will have original jurisdiction, with appeals going directly to the Supreme Court.

The committee noted that the current reliance on physical service alone is outdated and prone to manipulation and delays. It also highlighted inconsistencies in existing laws that have led to conflicting court rulings and slow resolution of electoral disputes.

Balogun said the reforms align with Section 285 of the 1999 Constitution (as amended) and international best practices, adding that clearer jurisdictional boundaries will reduce preliminary objections and accelerate hearings.

The amendments also empower aspirants to challenge false information submitted by opponents during party primaries at the Federal Capital Territory High Court or the jurisdiction where the issue arises.

During deliberations, an attempt by Sokoto lawmaker Abdussamad Dasuki to raise concerns about electronic mail delivery being diverted to spam folders was dismissed, as lawmakers maintained that electronic service would complement—not replace—physical delivery methods.

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