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A major legal setback has hit the Independent National Electoral Commission (INEC) ahead of the 2027 general elections, following a landmark judgment of the Federal High Court in Abuja which struck out key aspects of the Commission’s election timetable relating to party primaries and candidate nominations.
In a ruling delivered by Justice Mohammed Umar, the court declared that several deadlines imposed by INEC for political parties to conduct primaries, submit candidates’ details, replace nominees, and conclude campaigns were contrary to provisions of the Electoral Act, 2026.
The judgment has effectively granted political parties broader flexibility in preparing for the 2027 polls.
Justice Umar specifically voided INEC’s directive that required political parties to submit membership registers and databases by May 10 as a prerequisite for participation in the elections.
The court maintained that the electoral body lacked the statutory authority to shorten timelines already guaranteed under the Electoral Act.
The case was instituted by the Youth Party (YP) in suit number FHC/ABJ/CS/517/2016, with INEC named as the sole defendant.
The party had approached the court seeking an interpretation of Sections 29, 82, and 84(1) of the Electoral Act, arguing that INEC exceeded its powers by fixing rigid deadlines for party primaries and candidate submissions outside the provisions of the law.
Delivering judgment, Justice Umar held that Section 29(1) of the Electoral Act clearly stipulates that political parties are entitled to submit candidates’ particulars up to 120 days before an election, stressing that INEC cannot legally reduce that timeframe through administrative guidelines.
The court also ruled that under Section 31 of the Electoral Act, political parties retain the right to withdraw or substitute candidates up to 90 days before an election, adding that INEC acted beyond its powers by attempting to impose earlier deadlines.
In another significant pronouncement, the court stated that INEC could not publish the final list of candidates earlier than the statutory 60-day period prescribed by Section 32 of the Electoral Act.
Justice Umar further faulted the Commission’s provision directing political campaigns to end two days before elections, declaring that such restriction was not backed by Section 98 of the Electoral Act.
The court equally clarified that timelines for submission of party membership registers do not apply in situations involving the replacement of withdrawn candidates during party primaries.
Consequently, the court issued an order nullifying all aspects of INEC’s revised timetable for the 2027 general elections that conflict with the Electoral Act, including provisions relating to primaries, candidate nominations, substitution of candidates, publication of final candidate lists, and campaign deadlines.
The judgment is expected to have far-reaching implications for preparations towards the 2027 general elections, especially for political parties seeking greater operational latitude in managing their internal nomination processes.
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