TDA chieftain of the African Democratic Congress (ADC) and human rights lawyer, Dr. Jezie Ekejiuba, has dragged the Attorney General of the Federation (AGF) and the Independent National Electoral Commission (INEC) before the Federal High Court over provisions permitting manual collation of election results under the Electoral Act 2026.
Ekejiuba, who is also President of the Nigerian Voters Organisation (NVO), filed Suit No: FHC/AWK/CS/102/2026 on March 31, 2026, at the Federal High Court, Awka Judicial Division.
He challenged the legality of the proviso to Section 60(3) of the Electoral Act 2026.
In the suit, the ADC chieftain is seeking a declaration that the controversial provision is unconstitutional.
He argued that it conflicts with relevant sections of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
The suit specifically seeks judicial interpretation of Sections 4(2), 78, 118 and Paragraph 15(a) of Part 1F of the Third Schedule to the Constitution.
According to court documents, Ekejiuba contends that INEC possesses exclusive constitutional authority to determine the mode of transmission and collation of election results, particularly during emergencies or technical failures.
He, therefore, asked the court to declare the proviso to Section 60(3) illegal, unconstitutional, null and void.
He, meanwhile, also sought an order striking down the provision entirely.
In addition, the plaintiff is requesting a perpetual injunction restraining both the AGF and INEC from implementing or enforcing the disputed clause in any future election conducted in Nigeria.
The challenged proviso provides that where electronic transmission of election results fails due to communication or technological issues, Form EC8A shall serve as the primary basis for the collation and declaration of election results.
However, Ekejiuba argued that the provision creates what he described as a “speculative law”.
According to him, such law is capable of undermining electoral transparency and opening the process to manipulation through manual collation.
He maintained that the principal provision of Section 60(3) already makes electronic transmission of polling unit results to the INEC Result Viewing Portal mandatory, rendering the proviso unnecessary.
According to him, Section 24(2) of the Electoral Act already empowers INEC to postpone elections in the event of emergencies or unforeseen circumstances, thereby eliminating the need for a fallback manual collation mechanism.
The plaintiff further argued that the disputed provision unlawfully usurps the constitutional powers vested in INEC regarding election management and result transmission.
To support his case, Ekejiuba cited several decisions of the Supreme Court and the Court of Appeal.
These, he said, affirm the right of every Nigerian citizen to approach the courts in defence of constitutional order and democratic principles.
He also argued that his status as a registered voter and member of the ADC confers sufficient legal interest to challenge any provision capable of affecting the integrity of elections in the country.
Court filings indicate that the suit is supported by a 34-paragraph affidavit, three documentary exhibits and a written address.
The matter has been scheduled for hearing on June 8, 2026, before Hon. Justice Evelyn N. Anyadike at Court 1 of the Federal High Court, Awka Judicial Division.
The case is expected to generate significant legal and political interest ahead of future elections.
Currently, there are ongoing national debates over electronic transmission of results and electoral reforms in Nigeria.
