A Federal High Court in Abuja on Tuesday upheld the authority of the Independent National Electoral Commission (INEC) to fix timelines for political party primaries ahead of the 2027 general elections but voided two deadlines for the submission of candidates, ruling that they violated provisions of the Electoral Act 2026.
Justice James Omotosho, who delivered judgment in a suit filed by the Social Democratic Party (SDP), ordered INEC to amend parts of its timetable and schedule of activities for the 2027 elections.
The court held that while INEC has constitutional and statutory powers to issue and adjust election timetables, such powers must comply with the Electoral Act 2026.
Justice Omotosho ruled that INEC cannot shorten the 120-day period provided under Section 29(1) of the Electoral Act for political parties to submit particulars of candidates ahead of elections. He also held that the commission lacks the authority to alter the 90-day period allowed under Section 31 of the Act for substitution of candidates.
Consequently, the court voided the Aug. 29, 2026, and Sept. 16, 2026, deadlines fixed by INEC for the submission of nomination forms for presidential, National Assembly, governorship and House of Assembly candidates, declaring them inconsistent with the Electoral Act.
The court, however, upheld INEC’s authority to request membership registers from political parties and fix timelines for party primaries, ruling that such actions fall within its statutory responsibilities.
The SDP, through its counsel, Realwan Okpanachi, had asked the court to determine whether INEC possessed the legal authority under Sections 82 and 84(1) of the Electoral Act 2026 to prescribe timelines for party primaries and whether it could lawfully reduce the statutory timeframe for the submission of candidates’ particulars.
INEC, represented by Alex Izinyon, urged the court to dismiss the suit, arguing that the commission acted within its constitutional powers and that the matter was statute-barred. However, Justice Omotosho rejected the objection, holding that the suit was competent because it arose from a press statement issued by INEC on March 27.
The judgment came a day after INEC approached the Court of Appeal in Abuja to challenge an earlier Federal High Court judgment delivered on May 20 in a separate suit filed by the Youth Party, which also nullified parts of the commission’s timetable for the 2027 elections.
Reacting to the ruling, legal practitioner Monday Ubani said administrative guidelines issued by INEC cannot override provisions of the Electoral Act.
Ubani said the dispute raised broader constitutional questions about the limits of INEC’s statutory authority and the legality of its electoral guidelines.
“A subsidiary legislation should not be superior to the superior enactment that actually gave birth to it,” he said.
Former Peoples Democratic Party South-West Vice Chairman Eddy Olafeso and former House of Representatives member Bernard Mikko also insisted that INEC could not proceed with aspects of the schedule already nullified by the court.
Olafeso said the judgment remained binding until set aside by a higher court, adding that filing an appeal does not invalidate the ruling.
Mikko accused INEC of acting beyond its constitutional role, arguing that the Electoral Act already provides sufficient legal guidelines for the conduct of elections without interference in the internal affairs of political parties.
He said democracy thrives on political freedom and warned against administrative restrictions that could narrow the political space ahead of the 2027 elections.
Meanwhile, YIAGA Africa has called on INEC to urgently release regulations and guidelines for the conduct of elections under the Electoral Act 2026 ahead of the governorship elections in Ekiti and Osun states.
YIAGA Africa Executive Director Samson Itodo said the guidelines were necessary to clarify procedures on electronic transmission of results, communication failure protocols and results collation.
“With just 25 days to the Ekiti governorship election, this crucial document is yet to be released,” Itodo said, adding that timely issuance of the guidelines was essential to building public confidence in the electoral process.
