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A Federal High Court sitting in Abuja has affirmed the power of the Independent National Electoral Commission (INEC) to set timelines for political parties to conduct their primaries ahead of the 2027 general elections, even as it voided some of the deadlines it considered at variance with the Electoral Act 2026.
Justice J.K. Omotosho, who read the judgment, was reported to have said that the suit was brought by the Social Democratic Party (SDP) challenging some parts of INEC’s timetable and schedule of activities for the 2027 elections.
In the matter with the reference number FHC/ABJ/CS/720/2026, the SDP had challenged the legal authority of INEC to prescribe timelines for party primaries and compel political parties to comply with such timelines, especially with the provisions of Sections 82 and 84(1) of the Electoral Act 2026.
Justice Omotosho ruled in favour of INEC in his judgement, saying: “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 said 2027 election.
The court also held that INEC could vary such time tables as it saw fit.
“The Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2026 empower the Independent National Electoral Commission to issue timetable for elections and to even amend same as it deems fit,” the judgment read.
On the practice of INEC requesting membership registers from political parties, the court ruled that this too was within the lawful powers of the commission.
“The request of the Defendant for membership register of political parties and the time frame within which to conduct primaries is not ultra vires the powers of the Defendant,” the court ruled.
However, Justice Omotosho held that while INEC can fix its own timelines for administrative purposes, it cannot compress or override timelines expressly fixed by the Electoral Act.
Specifically, the court nullified the August 29, 2026 and September 16, 2026 deadlines set by INEC for the submission of nomination forms for presidential, National Assembly, governorship and House of Assembly elections.
The court held that such dates were inconsistent with the 120 days stipulated under section 29(1) of the Electoral Act 2026 for the filing of particulars of candidates.
Justice Omotosho ordered INEC to amend the portions of its 2027 election timetable that had been affected and bring them in accordance with Sections 29(1) and 31 of the Electoral Act 2026.
A Certified True Copy of the judgment obtained by SaharaReporters was dated 26th day of May, 2026.
What this means moving forward
The ruling is expected to have major implications for preparations for the 2027 elections. While parties are bound by INEC’s prescribed timeframes for primaries, the commission cannot use its timetable to truncate the rights and windows that the National Assembly has specifically legislated.
