A Federal High Court in Abuja has affirmed the authority of the Independent National Electoral Commission (INEC) to establish timelines for political parties to conduct their primaries in preparation for the 2027 general elections. However, the court ruled that INEC cannot reduce the statutory periods mandated by the Electoral Act 2026 for the submission and substitution of candidates.
Justice J.K. Omotosho delivered the verdict in a case filed by the Social Democratic Party (SDP), which contested certain aspects of INEC’s timetable and schedule for the upcoming elections. The court declared that INEC possesses the constitutional power to prescribe deadlines for party primaries, submission of membership registers, and other related electoral activities.
According to the Certified True Copy of the judgment dated May 26, 2026, the court held that the election timetable is a sequence of events that includes the submission of party membership registers for primaries and the setting of timeframes for these primaries. The judgment further stated that INEC is empowered by the 1999 Constitution (as amended) and the Electoral Act 2026 to issue and modify election timetables as it deems appropriate.
While the court recognized INEC’s authority to request membership registers and fix primary dates, it partially upheld the SDP’s claims by voiding the August 29 and September 16, 2026 deadlines for submitting nomination forms for presidential, National Assembly, governorship, and House of Assembly elections. The court found that these deadlines violated Section 29(1) of the Electoral Act, which provides a 120-day period for candidate submission.
The judge ordered INEC to revise its 2027 election timetable to align strictly with Sections 29(1) and 31 of the Electoral Act 2026. This ruling clarifies that INEC can set primary timelines but cannot infringe on statutory submission periods.