NDC Will Not Suffer Last-Minute Legal Disability, Says Akwara
ABUJA — Barrister Patrice Eberechukwu Akwara has assured members of the National Democratic Congress (NDC) that the party will not suffer any last-minute legal disability despite the Federal High Court's dismissal on Tuesday of the party's application challenging provisions of the Electoral Act relating to party qualification and candidates' disqualification.
According to Akwara, the Federal High Court merely reaffirmed the substantive issues that had already been settled by the Court of Appeal in its earlier judgment. He maintained that the decision neither altered the existing legal position nor created any fresh legal obstacle for the National Democratic Congress (NDC) or its candidates, insisting that there was "no risk and no problem" for the party.
Speaking during an interview on Arise Television, Akwara dismissed concerns that the judgment could jeopardise the party's participation in future elections, stressing that the ruling should be read alongside the earlier Court of Appeal decision, which had already settled the substantive constitutional issues relating to the qualification and disqualification of candidates.
Justice Muhammed Umar of the Federal High Court had dismissed the NDC's suit challenging Sections 138 and 77(5) of the Electoral Act 2026, holding that the disputed provisions complement, rather than conflict with, the 1999 Constitution (as amended). The court also ruled that any challenge relating to the qualification or disqualification of candidates who emerge from party primaries must be instituted during the pre-election period, rejecting the party's contention that such issues could be raised after an election.
Akwara, however, recalled that the Court of Appeal, in its judgment of July 17, 2026, had held that the relevant provisions of the Electoral Act could not override the 1999 Constitution (as amended), which exclusively prescribes the qualifications and grounds for the disqualification of candidates seeking elective office.
He maintained that the Constitution has comprehensively set out the grounds upon which a candidate may be disqualified, stressing that the Independent National Electoral Commission (INEC) has no constitutional authority to disqualify any candidate except on grounds expressly provided by the Constitution. He argued that neither the Electoral Act nor any administrative action can validly introduce additional grounds for disqualification beyond those contained in the Constitution.
Akwara further described the NDC as a credible political platform built on the integrity of its leadership and candidates, expressing confidence that the party's legal team and leadership had taken the necessary steps to ensure compliance with constitutional and electoral requirements.
"Our party leaders are working diligently to ensure that the NDC will not suffer any last-minute legal disability. Looking at the integrity of our leadership and the quality of our candidates, Nigerians can confidently rely on the NDC," Akwara stated.