…Bill Targets Forum Shopping, Conflicting Judgments
…Presidential Election Cases to Begin at Appeal Court
The Nigerian Senate has passed an amendment to the Electoral Act, 2026 aimed at resolving conflicting court rulings in pre-election matters and strengthening the credibility of the country’s electoral process.
The bill, sponsored by Simon Lalong, chairman of the Senate Committee on Electoral Matters, scaled second and third readings on Thursday.
The proposed amendment seeks to establish clear jurisdiction for courts handling disputes arising from party primaries and candidate nominations, thereby curbing the growing trend of “forum shopping” by litigants seeking favourable judgments from different courts.
Under the bill, pre-election matters relating to National Assembly, governorship and state assembly elections would originate at the Federal High Court, with appeals proceeding to the Court of Appeal.
Disputes concerning presidential and vice-presidential elections, however, would begin at the Court of Appeal, with further appeals going directly to the Supreme Court.
Leading debate on the bill, Lalong said uncertainty and conflicting judicial pronouncements posed a serious threat to Nigeria’s democracy and electoral stability.
“Democracy thrives not merely on the conduct of elections, but also on the credibility, certainty and predictability of the legal process,” he said.
He noted that the amendment to Section 29(5) of the Electoral Act would permit aspirants to institute legal actions either in the Federal Capital Territory or in the jurisdiction where the cause of action arose.
According to him, the proposed Section 29A would provide a definite jurisdictional framework and eliminate multiple suits filed in different courts over the same disputes.
Lalong described forum shopping as a dangerous practice that undermines public confidence in the judiciary and complicates election management.
Supporting the amendment, Senate Chief Whip Mohammed Monguno said the bill would help curb abuse of judicial processes in election-related matters.
Similarly, Ekong Sampson warned that forum shopping remained a major threat to democracy and political stability.
Also backing the proposal, Adams Oshiomhole said the amendment would reduce prolonged litigation surrounding candidate nominations and improve electoral certainty.
The amendment represents the first major adjustment to the Electoral Act, 2026 signed into law by President Bola Tinubu on February 18.
The House of Representatives had earlier passed the bill before its approval by the Senate.
