The House of Representatives has amended the Electoral Act 2026 to introduce a more flexible and technology-driven system for serving election petition processes ahead of the 2027 general elections.
The decision followed the adoption of a report by the House Committee on Electoral Matters at the Committee of the Whole during plenary, presided over by the Deputy Speaker, Benjamin Kalu.
Lawmakers had earlier passed two bills for second reading before committing them to the Committee of the Whole for detailed consideration.
Presenting the general principles of the bills, the Chairman of the Committee on Electoral Matters, Adebayo Balogun, said the amendments aim to improve clarity in court jurisdiction, speed up adjudication of pre-election matters, and modernise the service of legal processes.
He said the reforms are designed to provide “clarity and certainty on the jurisdiction of courts in pre-election matters; enhancing timely and efficient adjudication of pre-election matters; introducing flexible and technology-driven modes of service of election petition processes and curbing delays and technicalities associated with service of court processes.”
Under the amendment to Section 29(8), candidates are now required to provide both physical and electronic contact details, including email addresses and phone numbers. The law also recognises multiple modes of service such as personal delivery, registered post, and electronic transmission through email, SMS, and other digital platforms.
The provision states that service will be considered valid once there is proof of transmission, even if the recipient fails to acknowledge it. It also outlines acceptable evidence of service, including electronic delivery confirmations and system-generated records.
In addition, the amendment introduces a new Section 29A to clearly define jurisdiction over pre-election matters. It empowers the Federal High Court to handle disputes involving National Assembly, State Assembly, and governorship elections, with appeals going to the Court of Appeal.
For presidential pre-election matters, the Court of Appeal is granted original jurisdiction, with appeals terminating at the Supreme Court. The law further restricts courts from entertaining such cases outside the prescribed jurisdiction.
Balogun explained that the changes address long-standing challenges in the electoral process.
“the reliance on physical service alone is outdated and susceptible to manipulation, evasion, and logistical challenges. Technological advancements provide credible, verifiable, and efficient alternatives for the service of court processes.”
He added, “There exists ambiguity and inconsistency in the current legal framework governing jurisdiction for pre-election matters, leading to conflicting judicial decisions. There are delays in the service of election petition processes, which have significantly affected the timely resolution of electoral disputes.”
The lawmaker noted that the amendments align with Section 285 of the 1999 Constitution (as amended) and reflect global best practices in electoral justice.
He said, “The Committee is of the considered view that the proposed amendments will significantly improve the administration of electoral justice in Nigeria. By clarifying jurisdictional boundaries and embracing technology in the service of processes, the bills will promote efficiency, reduce delays, discourage frivolous objections, and strengthen the credibility of the electoral system.”
During deliberations, a lawmaker from Sokoto, Abdussamad Dasuki, raised concerns about the possibility of electronic messages being diverted to spam folders. However, the leadership clarified that the new provisions are meant to complement, not replace, traditional methods of service.
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