…Overturns earlier judgment
A Federal High Court in Abuja has affirmed that the Independent National Electoral Commission (INEC) possesses the legal authority to set timelines for political parties to conduct their primaries ahead of the 2027 general elections.
The court, however, ruled that the electoral body cannot abridge statutory timelines specifically provided under the Electoral Act 2026 for submission and substitution of candidates.
The judgment was delivered by Justice J.K. Omotosho, in a suit filed by the Social Democratic Party (SDP) challenging aspects of INEC’s timetable and schedule of activities for the 2027 elections.
A Certified True Copy of the judgment obtained by SaharaReporters showed that the document was dated May 26, 2026, indicating the day the certified copy was released.
In the suit, marked FHC/ABJ/CS/720/2026, the SDP had questioned whether INEC possessed the legal authority to prescribe timelines for party primaries and compel political parties to comply with them.
One of the issues raised before the court was “whether having regard to Sections 82 and 84(1) of the Electoral Act, 2026, the Defendant’s powers to receive notices, attend, observe and monitor party primaries extend to fixing or prescribing the timetable within which political parties must conduct their primaries”.
In his ruling, Justice Omotosho answered the question in favour of INEC, declaring that election timetables lawfully include timelines for party primaries and related political activities. “This honourable court hereby declares that Election Timetable is a chain of events or actions which include submission of membership register of political parties to be used for the purpose of primaries and fix timeframes within which political parties are to organise their primary Elections for the purpose of the stated 2027 Election”, the court ruled.
The judge further held that INEC has constitutional powers to issue and even alter election timetables where necessary. “This honourable court hereby declares that the Independent National Electoral Commission is empowered by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2026 to issue timetable for elections and to even alter same as it deems fit”, the judgment stated.
The court also affirmed that requesting membership registers from political parties and fixing timelines for primaries were not beyond INEC’s powers. “This honourable court hereby declares that the Defendant requesting for membership register of Political parties and giving timeframe within which to conduct primaries is not ultra vires the powers of the Defendant”, the judge ruled.
However, the court partly upheld the SDP’s claims by declaring that INEC could not lawfully shorten the 120-day period provided under Section 29(1) of the Electoral Act for submission of candidates’ particulars.
Justice Omotosho consequently voided the deadlines of August 29, 2026 and September 16, 2026 fixed by INEC for submission of nomination forms for presidential, National Assembly, governorship and House of Assembly elections.
The court subsequently ordered the Commission to amend aspects of the 2027 election timetable to comply strictly with Sections 29(1) and 31 of the Electoral Act 2026.
