The House of Representatives has approved amendments to the Electoral Act 2026, introducing a more adaptable and technology-focused process for serving election petition documents as part of wider preparations for the 2027 general elections.
The decision followed the consideration and adoption of a report presented by the House Committee on Electoral Matters during plenary at the Committee of the Whole, presided over by Deputy Speaker Benjamin Kalu.
The legislation had earlier scaled second reading before lawmakers proceeded to detailed clause-by-clause deliberations on Wednesday.
While presenting the report, Chairman of the House Committee on Electoral Matters, Adebayo Balogun, explained that the amendments are intended to remove legal uncertainties surrounding pre-election cases, improve procedural efficiency, and tackle delays caused by technical challenges in the judicial process.
According to him, the objective is to “provide clarity and certainty on the jurisdiction of courts in pre-election matters, enhance timely adjudication, introduce flexible and technology-driven modes of service, and curb delays associated with the service of court processes.”
A major adjustment to Section 29(8) now requires political candidates to submit both physical and electronic contact information, including valid phone numbers and email addresses.
The revised provision also broadens the acceptable methods for serving legal processes, recognising personal delivery, registered postal services, as well as electronic means such as SMS and email.
Under the amendment, service will be considered valid once evidence of successful transmission is established through electronic confirmations or system-generated proof of delivery.
The law further makes it clear that a respondent’s refusal or failure to acknowledge receipt will no longer invalidate service.
Lawmakers also introduced a new Section 29A to settle jurisdictional questions surrounding pre-election disputes.
The new provision grants the Federal High Court original jurisdiction over disputes related to National Assembly, State Assembly, and governorship elections, with appeals ending at the Court of Appeal.
For presidential pre-election matters, original jurisdiction now rests with the Court of Appeal, while final determination lies with the Supreme Court.
The amendment expressly states that “No court shall entertain any pre-election matter except in accordance with the provisions of this section.”
Balogun argued that dependence on physical service had become “outdated and susceptible to manipulation, evasion, and logistical challenges.”
He noted that adopting technological alternatives would provide more reliable, faster, and verifiable channels for delivering court processes.
He also pointed out that inconsistencies in the current legal framework have produced conflicting judicial interpretations over time, while delays in serving legal documents have often slowed down the timely resolution of electoral disputes.
According to him, the reforms are consistent with Section 285 of the 1999 Constitution (as amended) and are in line with global best practices for handling electoral litigation.
“The delineation of jurisdiction will significantly reduce preliminary objections and expedite hearings, while granting original jurisdiction to the Court of Appeal in presidential matters reflects the urgency and importance of such cases,” he said.
Balogun expressed optimism that the amendments would “improve the administration of electoral justice, reduce frivolous objections, and strengthen the credibility of the electoral system.”
During deliberations, a concern was raised by Sokoto lawmaker Abdussamad Dasuki over the possibility that electronic court notices could be diverted into spam folders or remain unseen by recipients.
However, the issue was dismissed after clarifications from both Deputy Speaker Kalu and Balogun, who explained that the new framework does not abolish physical service but simply expands the available options to improve efficiency and reduce unnecessary delays.
The amendment is expected to significantly reshape the handling of election-related disputes ahead of the next general elections.
What You Should Know
The amendment to the Electoral Act 2026 marks a significant step in modernising Nigeria’s electoral dispute resolution process ahead of 2027.
By allowing electronic service of legal documents and clarifying court jurisdictions for pre-election matters, lawmakers aim to eliminate delays and legal ambiguities that often complicate election cases. The reform is designed to make election litigation faster, more efficient and less vulnerable to technical manipulation.
If fully implemented, it could strengthen confidence in electoral justice, improve transparency, and ensure disputes are resolved within constitutional timelines, ultimately contributing to a more credible democratic process in Nigeria’s future elections.
