House of Representatives Amends Electoral Act to Allow E-Service of Court Papers

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By Chike Ofili

Determined to improve the dispensation of election petitions, the House of Representatives on Wednesday amended the Electoral Act 2026, introducing a more flexible and technology-driven framework for serving election petition processes ahead of the 2027 general elections.
The amendment followed the adoption of a report by the House Committee on Electoral Matters at the Committee of the Whole, presided over by Deputy Speaker Benjamin Kalu.
Presenting the report, Committee Chairman Adebayo Balogun said the changes are designed to eliminate ambiguities in pre-election litigation, improve efficiency, and reduce delays caused by technical bottlenecks.
A key amendment to Section 29(8) mandates political candidates to provide both physical and electronic contact details, including email addresses and phone numbers. It also recognises multiple modes of service such as personal delivery, registered post, and electronic channels including email and SMS.
Under the new provision, service is deemed valid once there is proof of transmission, including electronic delivery confirmations or system-generated records, while failure by a respondent to acknowledge receipt will not invalidate the process.
The House also introduced a new Section 29A defining jurisdiction in pre-election matters. It vests original jurisdiction in the Federal High Court for National and State Assembly and governorship disputes, with appeals ending at the Court of Appeal. For presidential matters, the Court of Appeal has original jurisdiction, with final appeals at the Supreme Court.
Balogun said reliance on physical service alone had become outdated and prone to manipulation and delays, adding that the amendments align with constitutional provisions and international best practices.
An attempt by lawmaker Abdussamad Dasuki to raise concerns over electronic messages being diverted to spam folders was dismissed, with lawmakers clarifying that the reform expands, rather than replaces, existing service methods.

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