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2027: Court affirms INEC’s powers to fix party primaries timetable, voids deadlines

An Abuja Federal High Court has affirmed the powers of the Independent National Electoral Commission, INEC, to fix timelines for political parties to conduct their primaries ahead of the 2027 general elections.

The court, however, ruled that the electoral body cannot shorten statutory timelines provided under the Electoral Act 2026 for submission and substitution of candidates.

Justice J.K. Omotosho delivered the judgment in a suit filed by the Social Democratic Party, SDP, challenging aspects of INEC’s timetable and schedule of activities for the 2027 elections.

Certified True Copy of the judgment dated May 26, 2026, showed that the court upheld INEC’s authority to prescribe timelines for party primaries and related political activities.
In the suit marked FHC/ABJ/CS/720/2026, the SDP had questioned whether INEC possessed the legal powers to compel political parties to conduct their primaries within timelines fixed by the commission.

Ruling on the matter, Justice Omotosho held that election timetables lawfully include timelines for party primaries, submission of membership registers and other electoral 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 organize their primary Elections for the purpose of the stated 2027 Election,” the judge ruled.

The court further declared that INEC has constitutional powers to issue and 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 further stated.

Justice Omotosho also held that INEC acted within its powers by requesting membership registers from political parties and fixing timelines for party primaries.

However, the court partly upheld the SDP’s claims by ruling that INEC could not lawfully abridge the 120-day period stipulated under Section 29(1) of the Electoral Act for submission of candidates’ particulars.

The court consequently voided the August 29 and September 16, 2026 deadlines fixed by INEC for submission of nomination forms for presidential, National Assembly, governorship and House of Assembly elections.

Justice Omotosho subsequently ordered the electoral commission to amend aspects of the 2027 election timetable to comply strictly with sections 29(1) and 31 of the Electoral Act 2026.

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