Federal High Court in Abuja, yesterday dismissed a suit filed by former member, House of Representatives, Igbokwe Igbokwe, seeking an order nullifying Sections 88 and 29 (1) of the Electoral Act, 2026.
Justice James Omotosho, in a judgment, held that Igbokwe, who is also the Special Assistant (S.A.) to the Speaker of the House on Inter-Governmental Affairs, lacked the locus standi to Institute the suit.
The News Agency of Nigeria, NAN, reports that Igbokwe had sued the Attorney-General of the Federation, AGF, and Independent National Electoral Commission, INEC, as 1st and 2nd defendants in the amended originating summons dated and filed on March 2.
In the suit, marked: FHC/ABJ/CS/2115/2025, he sought two questions for determination and prayed the court for three reliefs.
He urged the court to declare “that upon considering the clear, express and unambiguous provisions of Section 66 (1) (f) 107 (1) (f) 137 (1)(f), 182 (1) (f) and 42 (1) (a) of the 1999 Constitution, Section 88 of the Electoral Act, 2026.
The second provides that “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election” is inconsistent with the provisions of the constitution and therefore unconstitutional, illegal, discriminatory, null and void and of no effect whatsoever”.
Igbokwe, who claimed to be an All Progressives Congress, APC, member, urged the court to declare that the provisions of Sections 88 and 29 (1) of the Electoral Act, 2026 are unconstitutional, invalid, discriminatory, and contradictory.
He said the sections are in conflicts with constitutional right conferred on him (plaintiff) and other citizens of Nigeria who are appointed to hold political offices to exit their appointments 30 days before election to the public office they seek to contest.
The plaintiff, therefore, sought an order compelling INEC to accept nomination of candidates who were political appointees and who resign or exited their appointments 30 days before election to the public office they seek to contest, as provided in the 1999 Constitution (as amended).
Igbokwe, in his affidavit, said he was House member, who represented Ahiazu/Ezinihitte Mbaise Federal Constituency of Imo in the National Assembly between 2011 and 2019.
He said as APC member, he had the right to participate in the primary election of the party to vote and be voted for.
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