The Federal High Court in Abuja on Friday upheld the power of the Independent National Electoral Commission (INEC) to fix timelines for political parties to conduct their primaries ahead of the 2027 general elections even as it voided some of the deadlines it found at variance with the Electoral Act 2026.
Justice J.K. Omotosho, who delivered the judgment, was reported to have said that the suit was brought by the Social Democratic Party (SDP), which challenged 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 INEC’s legal authority to prescribe timelines for party primaries and to 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 in his judgement ruled in favour of INEC, 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 organise their primary elections for the purpose of the said 2027 election.
The court also held that INEC could modify such time tables as it thought 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 alter same as it deems fit,” the judgment read.
On the practice of INEC demanding membership registers from political parties, the court held that this too was within the lawful powers of the commission.
“The Defendant requesting for membership register of political parties and giving timeframe within which to conduct primaries is not ultra vires the powers of the Defendant,” the court ruled.
However, Justice Omotosho held that the INEC is at liberty to fix its own time-lines for administrative purposes but cannot compress or override time-lines expressly fixed by the Electoral Act.
The court, in particular, voided the August 29, 2026 and September 16, 2026 deadlines fixed 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 affected parts of its 2027 election timetable to be in conformity with sections 29(1) and 31 of the Electoral Act 2026.
A Certified True Copy of the judgment obtained by SaharaReporters was dated May 26, 2026.
What does this mean for the future
The ruling is expected to have major implications for 2027 election preparations. INEC’s deadlines for primaries are binding on parties but the commission cannot use its timetable to cut off the rights and windows specifically legislated by the National Assembly.
