A Federal High Court in Abuja has affirmed that the Independent National Electoral Commission (INEC) is legally empowered to set timelines for political parties to conduct their primaries ahead of the 2027 general elections, even as a separate ruling continues to question parts of the commission’s electoral guidelines.
The judgment was delivered by Justice J.K. Omotosho in Suit No. FHC/ABJ/CS/720/2026, filed by the Social Democratic Party (SDP), which challenged aspects of INEC’s election timetable and preparatory framework for the polls.
In a Certified True Copy of the judgment dated May 26, 2026, the court held that INEC has constitutional and statutory authority under the Electoral Act 2026 to issue election timetables, including deadlines guiding party primaries and related activities.
Justice Omotosho explained that election timetables form an interconnected chain of electoral processes, which include submission of political party membership registers and scheduling of primaries.
The court stated: “Election Timetable is a chain of events or actions which include submission of membership register of political parties… and fix timeframes within which political parties are to organize their primary elections.”
It further ruled that INEC is constitutionally empowered to issue and adjust election timetables where necessary in the course of election planning.
“This honourable court hereby declares that the Independent National Electoral Commission is empowered by the Constitution… and the Electoral Act, 2026 to issue timetable for elections and to even alter same as it deems fit,” the judge held.
The court also affirmed that INEC acted within its legal mandate in requiring political parties to submit membership registers and in setting deadlines for the conduct of primaries.
However, Justice Omotosho clarified that INEC cannot override or shorten timelines expressly provided for under the Electoral Act, particularly those relating to candidate nominations and substitutions.
The ruling adds to an emerging legal controversy over INEC’s 2027 electoral guidelines, which are currently being challenged in multiple courts.
In a separate judgment delivered by Justice Muhammed Umar in a case filed by the Youth Party, parts of INEC’s guidelines were earlier struck down, including the requirement that political parties submit membership registers by May 10 as a condition for participation in the elections.
Justice Umar held that the directive was inconsistent with Section 29(1) of the Electoral Act 2026, which governs timelines for submission of candidates’ details and party documentation.
Dissatisfied with that ruling, INEC has filed an appeal at the Court of Appeal in Abuja, seeking to overturn the judgment and obtain a stay of execution pending determination of the appeal.
The electoral body, represented by Senior Advocate of Nigeria (SAN) Alex Izinyon, is also advancing nine grounds of appeal, insisting its guidelines are lawful and necessary for effective election planning.
The two conflicting rulings have now created divergent judicial interpretations of INEC’s powers - one affirming its authority to set primary election timelines, and another limiting its ability to impose deadlines that may conflict with statutory provisions - raising fresh legal uncertainty ahead of the 2027 polls.
Leave a Reply