Friday, May 22, 2026 - A Federal High Court in Abuja has nullified portions of the timetable issued by the Independent National Electoral Commission for the conduct of party primaries and nomination processes ahead of the 2027 general election. The court ruled that INEC does not have the statutory authority to shorten or alter timelines already provided under the Electoral Act, 2026.
Under the revised timetable earlier released by the
electoral commission, political parties were required to submit membership
registers by May 10, conduct primaries to select candidates, and complete
withdrawals and replacements of candidates before the end of May.
The legal challenge was filed by the Youth Party in a suit
marked FHC/ABJ/CS/517/2016, with INEC listed as the sole defendant. Through its
counsel, J.O. Olotu, the party sought declarations that INEC’s powers under
sections 29, 82 and 84(1) of the Electoral Act do not extend to fixing
deadlines for political parties to conduct primaries ahead of the 2027
elections.
Delivering judgment, Justice Mohammed Umar held that INEC
cannot “fix or prescribe the timetable within which political parties may
conduct their primary elections for the purpose of nominating candidates for
the 2027 general elections.” The judge ruled that the commission’s authority to
receive notices of party primaries and monitor the exercises does not empower
it to impose timelines outside those already contained in the law.
“A declaration is hereby made that upon a proper
consideration and interpretation of the provisions of sections 29, 82 and 84(1)
of the Electoral Act, 2026, the powers of the defendant to receive notice of
party primaries and the personal particulars of candidates, and its duty to
attend, observe and monitor such primaries, does not extend to fixing or
prescribing the timetable within which political parties may conduct their
primary elections,” the judge ruled. Justice Umar further held that INEC cannot
lawfully reduce the statutory timeframe allowed for parties to submit the
particulars of candidates.
According to the court, section 29(1) of the Electoral Act
stipulates that candidates’ particulars must be submitted “not later than 120
days to an election,” adding that the commission “cannot lawfully abridge or
limit that statutory period by prescribing a shorter timeframe in its 2027
election timetable.” On the issue of candidate substitution and withdrawal, the
court ruled that INEC also lacked the authority to impose deadlines earlier
than those provided under the Electoral Act.
“A declaration is made that having regard to section 31 of
the Electoral Act, 2026, which permits political parties to withdraw and
substitute candidates not later than 90 days to the conduct of an election, the
defendant cannot lawfully abridge or limit that statutory period by fixing an
earlier deadline for the withdrawal and replacement of candidates in its 2027
election timetable,” the judge said.
The court also ruled that INEC could not publish the final
list of candidates earlier than the statutory minimum period prescribed by law.
Justice Umar additionally voided the aspect of the timetable directing that
campaigns must end two days before the election.
He held that “upon a proper construction of Section 98 of
the Electoral Act, 2026, the Defendant does not possess the statutory authority
to fix in its timetable for the 2027 general elections for the campaign to end
2 days before the elections.”
Consequently, the court set aside the timelines contained in
INEC’s revised timetable relating to party primaries, submission of candidates’
particulars, withdrawal and replacement of candidates, publication of final
candidate lists and campaign deadlines for the 2027 elections.
The judge concluded that the timelines imposed by the
electoral commission “are inconsistent with the provisions of the Electoral
Act, 2026.”
0 Comments