Barely 24 hours after the Independent National Electoral Commission (INEC) appealed the verdict of a Federal High Court that voided its timeline on party register and election guidelines, seeking a stay of execution of that judgment, another Federal High Court in Abuja yesterday upheld INEC’s authority to fix timelines for political party primaries ahead of the 2027 general elections.
The court, however, voided two of the commission’s key deadlines for candidate submissions, ruling they violated statutory provisions of the Electoral Act 2026.
Justice James Omotosho, who delivered the judgment in a suit filed by the Social Democratic Party (SDP), which had challenged aspects of INEC’s timetable and schedule of activities for the 2027 elections, ordered the INEC to amend aspects of its timetable and schedule of activities for the 2027 general elections, holding that the electoral body must strictly comply with timelines stipulated in the Electoral Act 2026.
The judge held that while INEC possesses constitutional and statutory powers to issue and adjust election timetables, such powers are not absolute and must align with the provisions of the law. The court specifically faulted portions of the timetable that shortened the statutory period granted to political parties for the submission and substitution of candidates.
Justice Omotosho declared that INEC cannot lawfully abridge the 120 days provided under Section 29(1) of the Electoral Act 2026 for political parties to submit particulars of their candidates ahead of elections. The judge further held that the Commission also lacks the power to alter the 90-day window allowed under Section 31 of the Act for substitution of candidates.
Consequently, the court 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 candidates, declaring them inconsistent with the Electoral Act.
