The Federal High Court in Abuja dismissed a lawsuit brought by Igbokwe Igbokwe, former member representing Ahiazu/Ezinihitte Mbaise Federal Constituency in the House of Representatives, challenging the validity of Sections 88 and 29(1) of the Electoral Act, 2026. Justice James Omotosho ruled that Igbokwe lacked locus standi to file the suit. The plaintiff, who currently serves as special assistant to the Speaker of the House of Representatives on intergovernmental affairs, had argued that the provisions conflicted with constitutional rights allowing political appointees to resign 30 days before elections. He specifically cited Sections 66(1)(f), 107(1)(f), 137(1)(f), 182(1)(f), and 42(1)(a) of the 1999 Constitution as grounds for his claim.
Igbokwe filed the suit against the Attorney-General of the Federation and the Independent National Electoral Commission (INEC), seeking a declaration that the contested sections were unconstitutional, discriminatory, and invalid. He contended that Section 29(1) requires political parties to conduct primaries at least 120 days before general elections, forcing appointees to resign earlier than the constitutionally permitted 30-day window. This, he argued, infringed on his right to participate in his party's primary as an All Progressives Congress (APC) member. The suit, numbered FHC/ABJ/CS/2115/2025, was filed on March 2.
Justice Omotosho held that Section 88 of the Electoral Act, 2026, aligns with Section 84(12) of the Electoral Act 2022 and does not violate the Constitution. The court found the suit incompetent and dismissed it for lacking merit.
Igbokwe challenged a law on timing grounds while holding a political appointment that the same law restricts, creating a direct conflict between his ambitions and his current role. His claim hinges on a constitutional 30-day resignation window, yet the law requires earlier exit for primary participation, a gap the court found lawful. This means political appointees eyeing 2027 elections must choose between office and party primaries well in advance. No relief comes from the court's dismissal for those in positions like Igbokwe's.
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