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.”
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