Nigeria's 2026 Electoral Act Amendment: Ending the Chaos of Forum Shopping

In a move that legal experts are calling long overdue, Nigeria's Senate has passed the 2026 Electoral Act Amendment Bill — a landmark piece of legislation designed to end decades of judicial confusion, conflicting court rulings, and the notorious practice of "forum shopping" in pre-election disputes.

 

The Nigerian Senate passed the 2026 Electoral Act Amendment Bill on May 7, 2026, introducing a landmark jurisdictional framework designed to eliminate conflicting court judgments and streamline the adjudication of pre-election matters. The passage followed the presentation of a comprehensive report by the Committee on INEC, led by Chairman Senator Simon Lalong, during plenary. 

Background: A System in Need of Repair

Every Nigerian election cycle has come with a familiar sideshow: aspirants aggrieved by party primaries race to multiple courtrooms, filing the same disputes in different judicial divisions, hoping to land a sympathetic bench. The result is a labyrinth of contradictory orders, constitutional tension between courts of coordinate jurisdiction, and — most harmfully — prolonged uncertainty for voters, parties, and candidates alike.

Despite provisions of Section 285(14) of the Constitution of the Federal Republic of Nigeria, 1999, on pre-election matters, the legal system has continued to witness conflicting interpretations regarding the appropriate court with jurisdiction to entertain disputes. The uncertainty results in conflicting decisions from courts of coordinate jurisdiction, abuse of judicial process, undue delay in the resolution of electoral disputes, and avoidable constitutional tension between courts. 

This is the crisis the 2026 Electoral Act Amendment Bill set out to fix.

What the Bill Does: The Core Provisions

The bill, sponsored by Senator Simon Lalong (APC-Plateau), Chairman of the Senate Committee on INEC, makes two principal interventions in Nigeria's electoral legal architecture.

1. Amendment to Section 29(5): Where You Can Sue

The amendment to Section 29(5) provides that an aspirant may institute an action either in the Federal Capital Territory or within the specific jurisdiction where the cause of action arose. According to the committee, this is a practical and equitable change that improves access to justice by aligning legal proceedings with the geographical realities of political primaries. 

This seemingly simple change carries enormous practical weight. It means a candidate whose party primary took place in Kano or Port Harcourt does not need to travel to Abuja to seek legal redress. Justice comes closer to where the dispute actually happened.

2. New Section 29A: A Clear Jurisdictional Ladder

A key innovation of the bill is the introduction of a new Section 29A, which clearly defines which courts have the authority to hear specific pre-election cases — a move aimed at stopping the practice of forum shopping, where litigants file similar cases in different judicial divisions to obtain favorable or contradictory orders. 

The framework works as follows:

For National Assembly, Governorship, and State Assembly Elections: Pre-election matters shall originate at the Federal High Court, with appeals lying to the Court of Appeal. 

For Presidential and Vice Presidential Elections: Original jurisdiction is now vested in the Court of Appeal. This means pre-election matters regarding the nation's highest offices will bypass the High Court entirely, with subsequent appeals going directly to the Supreme Court. 

The Enforcement Clause: The bill further stipulates that no court shall entertain pre-election matters except as outlined in the new section, which is intended to introduce procedural discipline. This is the anti-forum-shopping lock — and it has real teeth. 

Why Now? The 2027 Election Shadow

The timing of this amendment is impossible to ignore. Nigeria is roughly 18 months from its 2027 general elections, and the political season is already heating up. Defections, cross-carpeting, and the opening salvos of primary campaigns are already underway. The Senate's decision to pass this bill now reflects an awareness — whether principled or political — that the legal architecture for electoral disputes needed to be settled before the storm arrives.

Supporting the bill, Senator Mohammed Monguno (APC, Borno) said the amendment was timely and necessary, adding that it would improve the nation's electoral litigation process. Following the passage, Senate President Godswill Akpabio commended the committee for its work and expressed confidence that President Bola Ahmed Tinubu would assent to the legislation, saying the measure would further strengthen democracy and governance in the country. 

Senator Lalong's Case for the Bill

In his lead debate, Senator Lalong did not mince words about the stakes involved. He said democracy thrives not merely on the conduct of elections, but also on the credibility, certainty, and predictability of the legal processes that precede them. 

He further argued that the amendment before the Senate was "not merely procedural; it is institutional," saying it strengthens electoral justice, deepens democratic accountability, and reinforces public confidence in Nigeria's electoral process. 

Senator Lalong argued that the changes were based on constitutional logic, judicial efficiency, and the need to maintain hierarchy within the court system. 

What Critics May Say

No major reform lands without scrutiny. Some constitutional lawyers have questioned whether vesting original jurisdiction for presidential disputes in the Court of Appeal — rather than the High Court — departs too sharply from established judicial hierarchy. Others worry the prohibition clause may be invoked to shut out legitimate grievances on technical grounds.

There is also the broader question of implementation. Nigeria has passed well-crafted electoral laws before — laws whose promises lived only on paper. The true test of this amendment will come when the first aggrieved aspirant files a pre-election suit and courts are asked to apply the new framework consistently, without fear or favour.

Civil society groups will also be watching for what the amendment does not address: electoral violence, vote buying, INEC's logistical preparedness, and the integrity of party primaries themselves. Judicial clarity is one piece of a much larger democratic puzzle.

The Road Ahead: Presidential Assent

The bill now proceeds to President Bola Tinubu for assent. Senate President Akpabio expressed belief that the bill would be assented to by President Bola Tinubu, saying the act would deepen democracy and governance in Nigeria. 

Once signed, it becomes the operative law governing pre-election litigation going into the 2027 electoral cycle. INEC, political parties, and legal practitioners will need to quickly update their internal procedures to reflect the new framework. Sensitisation — ensuring aspirants, lawyers, and even judges understand the new rules clearly — will be as important as the law itself.

Conclusion: A Step in the Right Direction

At its core, the 2026 Electoral Act Amendment is about making Nigeria's democracy more legible — more predictable, more equitable, and more resistant to manipulation through judicial arbitrage. If the courts apply it consistently, and if it is followed up with broader electoral reforms, it could mark a genuine turning point in how Nigeria manages the legal disputes that every election inevitably generates.

The Nigerian Senate has passed a bill that establishes clear judicial pathways, reduces forum shopping, and strengthens electoral justice by assigning specific courts to handle pre-election matters for legislative, governorship, and presidential elections. 

As Senator Lalong put it, democracy does not thrive on elections alone. It thrives on the credibility and predictability of the processes that precede them. The 2026 amendment is Nigeria's bet that getting the legal groundwork right before the 2027 vote may, for once, make all the difference.

Tags: Electoral Reform · Nigeria Senate · INEC · Pre-Election Law · 2027 Elections · Simon Lalong · Democracy · Godswill Akpabio

News Sources

1. Vanguard News — "Senate passes 2026 Electoral Act Amendment bill" https://www.vanguardngr.com/2026/05/senate-passes-2026-electoral-act-amendment-bill/
2. Blueprint Newspapers — "Senate passes 2026 Electoral Act amendment bill" https://blueprint.ng/senate-passes-2026-electoral-act-amendment-bill/
3. Alexa.ng — "Senate Passes 2026 Electoral Act Amendment Bill to End Forum Shopping in Pre-Election Disputes" https://www.alexa.ng/2026/05/senate-passes-2026-electoral-act.html
4. Lawyard — "Senate Passes 2026 Electoral Act Amendment Bill to Clarify Court Jurisdiction on Pre-Election Matters" https://www.lawyard.org/news/senate-passes-2026-electoral-act-amendment-bill-to-clarify-court-jurisdiction-on-pre-election-matters/
5. New Dawn Nigeria — "Senate passes Electoral Act amendment Bill to end conflicting court rulings in pre-election cases" https://www.newdawnngr.com/2026/05/08/senate-passes-electoral-act-amendment-bill-to-end-conflicting-court-rulings-in-pre-election-cases/
6. ThisNigeria — "Senate passes 2026 Electoral Act Amendment bill" https://thisnigeria.com/senate-passes-2026-electoral-act-amendment-bill/
7. NigerianEye — "Senate passes 2026 Electoral Act Amendment bill" https://www.nigerianeye.com/2026/05/senate-passes-2026-electoral-act.html