A CRITICAL EXAMINATION OF THE EXCLUSION OF NONQUALIFICATION AS A GROUND FOR ELECTION PETITIONS UNDER NIGERIA’S ELECTORAL ACT 2026 AND ITS IMPLICATIONS FOR FUTURE ELECTIONS

Abstract

The Electoral Act 2026 was enacted to address the gaps and shortcomings identified in the Electoral Act 2022 following its application during the 2023 general elections. The primary objective of the 2026 Electoral Act is to provide for a more robust legal framework for the administration and management of the electoral process in Nigeria. However, a careful examination of the Act reveals that, despite its reforms, significant concerns remain unresolved. This study critically examined the amendments introduced by the Electoral Act 2026 and evaluated their implications for future elections and election petitions. The research was anchored on the theory of sociological jurisprudence, as propounded by Roscoe Pound, which views law as an instrument of social engineering designed to promote and protect societal interests. The study adopted a doctrinal research methodology, relying on statutory analysis, constitutional provisions, and relevant judicial authorities. The findings reveal that although certain amendments in the Electoral Act 2026 are commendable, some provisions may inadvertently restrict access to electoral justice, particularly for petitioners. Notably so because the removal of the ground of non-qualification that is firmly rooted in the 1999 Constitution raises serious constitutional and practical concerns. It was found that the amendment is likely to have negative implications for the resolution of future election disputes, potentially leading to petitions being struck out on the grounds of such an amendment. The study concluded with recommendations on further statutory reforms and suggestions to guide courts and election tribunals in interpreting and applying the provisions of the Electoral Act 2026.