An Abuja Federal High Court has upheld the authority of the Independent National Electoral Commission (INEC) to set deadlines for political parties to conduct their primaries ahead of the 2027 general elections.
However, the court ruled that INEC cannot reduce or override statutory timelines set out in the Electoral Act 2026 regarding the submission and substitution of candidates.
Justice J.K. Omotosho delivered the judgment in a case filed by the Social Democratic Party (SDP), which challenged parts of INEC’s timetable and schedule for the 2027 elections.
In the suit marked FHC/ABJ/CS/720/2026, the SDP questioned whether INEC had the legal backing to compel political parties to hold primaries within deadlines set by the commission.
In its decision, the court held that election timetables properly include key processes such as party primaries, submission of membership registers, and other related electoral activities. It stated that INEC is legally empowered to regulate the sequence and timing of these processes.
The court further affirmed that INEC has constitutional and statutory authority under the 1999 Constitution (as amended) and the Electoral Act 2026 to issue and, where necessary, adjust election timetables.
It also ruled that INEC acted within its powers by demanding membership registers from political parties and setting deadlines for primaries.
Nonetheless, the court partly agreed with the SDP, holding that INEC cannot shorten the 120-day period required under Section 29(1) of the Electoral Act for submitting candidate details.
As a result, the court nullified the August 29 and September 16, 2026 deadlines previously set by INEC for the submission of nomination forms for presidential, National Assembly, governorship, and state assembly elections.
Justice Omotosho then directed INEC to review and adjust portions of its 2027 election timetable to ensure full compliance with Sections 29(1) and 31 of the Electoral Act 2026.
