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The impending judgment in a Federal Capital Territory (FCT) Area Council election petition has come under fresh scrutiny as petitioner, Dr. Paul Moses Ogidi, called for its immediate suspension over what he described as unresolved jurisdictional issues affecting the tribunal handling the matter.

In a press statement personally signed by him on Tuesday, Dr. Ogidi expressed concern over reports that the Area Council Election Petition Tribunal may soon deliver judgment in Petition No. FCT/ACET/EP/01/2026 involving himself, the Independent National Electoral Commission (INEC), and two other respondents.

While affirming his respect for the judiciary and the rule of law, the petitioner argued that a fundamental issue concerning the composition of the tribunal remains unresolved and could have far-reaching implications for the validity of any judgment delivered.

“We remain committed to the rule of law and the independence of the judiciary,” Ogidi stated, adding that it had become necessary to alert both Nigerians and the international community to what he described as “a fundamental jurisdictional defect that remains unresolved and which directly affects the competence of the Tribunal to validly proceed with, let alone determine, this Petition.”

According to him, the central issue is the alleged failure of the tribunal to comply with the provisions of Section 135(3) of the Electoral Act, 2026.

“The crux of the matter is that the Tribunal, as presently constituted, is alleged to be in violation of the mandatory provisions of Section 135(3) of the Electoral Act, 2026, which requires the inclusion of a High Court Judge in the composition of the Area Council Election Petition Tribunal,” he said.

He stressed that the issue extends beyond procedural concerns.

“This issue goes beyond mere technicality; it strikes at the very root of the Tribunal’s jurisdiction and legitimacy,” the statement noted.

Dr. Ogidi disclosed that after identifying the alleged defect, his legal team formally petitioned the Chief Judge of the Federal Capital Territory on April 10, 2026, seeking immediate corrective action.

“Upon discovering this apparent defect, our legal team formally petitioned the Honourable Chief Judge of the Federal Capital Territory on 10th April 2026, requesting the immediate reconstitution of the Tribunal in compliance with the Electoral Act,” he said.

He further alleged that despite the seriousness of the matter, no response was received from the relevant authority.

“Despite the seriousness of the concerns raised, no response was received and no corrective action was taken,” he stated.

The petitioner also revealed that a subsequent petition was sent to the Chief Justice of Nigeria (CJN) on May 21, 2026, requesting urgent intervention.

“In view of the continued failure to address this fundamental issue, a further petition was submitted to the Chief Justice of Nigeria on 21st May 2026, seeking urgent intervention and drawing attention to the apparent constitutional and statutory irregularity in the composition of the Tribunal,” he said.

“To date, the concerns raised therein remain unresolved.”

Dr. Ogidi disclosed that the matter had also been brought to the attention of several international institutions and diplomatic missions.

“Formal submissions and communications regarding this matter have been made to various national and international institutions, including the United Nations, the European Union, the Embassy of the United States of America, the British High Commission, and other stakeholders concerned with democratic governance, electoral integrity, and the rule of law,” he said.

The petitioner maintained that the issue of jurisdiction is too fundamental to be ignored.

“It is trite law that jurisdiction is the foundation of every judicial proceeding. A court or tribunal that lacks jurisdiction cannot confer validity upon its proceedings by the mere passage of time,” he stated.

He warned that any judgment delivered under such circumstances could face legal challenges in the future.

“Consequently, any judgment delivered by a tribunal whose jurisdiction is under serious challenge may be rendered vulnerable to being declared a nullity,” Ogidi argued.

He further cautioned against proceeding with judgment while petitions questioning the tribunal’s composition remain unresolved.

“The decision to proceed with judgment while petitions challenging the Tribunal’s composition remain pending before the relevant judicial authorities would raise profound legal and constitutional concerns,” he said.

“It would also create the unfortunate impression that due process and statutory compliance have been subordinated to expediency.”

The petitioner consequently demanded the suspension of the proposed judgment and urged judicial authorities to act urgently.

Among his demands are the immediate suspension of the judgment in Petition No. FCT/ACET/EP/01/2026, urgent intervention by the Chief Justice of Nigeria and other judicial authorities to determine the issues raised in the petitions already submitted, and the reconstitution of the tribunal in strict compliance with Section 135(3) of the Electoral Act, 2026.

He also called for the protection of the electoral justice system by ensuring that all constitutional and jurisdictional issues are fully resolved before a final decision is reached.

“This is not merely about one election petition or one candidate. It is about preserving the sanctity of the law, protecting public confidence in the judiciary, and safeguarding the integrity of Nigeria’s democratic process,” he said.

Emphasising the importance of public trust in the justice system, Ogidi concluded: “Justice must not only be done but must be manifestly and undoubtedly seen to be done.”

He added that “any attempt to proceed to judgment without first addressing these weighty jurisdictional concerns would be deeply troubling and could cast a long shadow over the credibility of the entire process.”

The Area Council Election Petition Tribunal, the Office of the Chief Judge of the FCT, and the Office of the Chief Justice of Nigeria had not publicly responded to the allegations and requests contained in the statement as of the time of filing this report.