A Federal High Court in Abuja has affirmed the authority of the Independent National Electoral Commission to determine timelines for the submission of political parties’ membership registers and conduct of party primaries ahead of the 2027 general elections.
Justice James Omotosho delivered the ruling on Tuesday in Suit No: FHC/ABJ/CS/720/2026, filed by the Social Democratic Party against INEC.
The SDP had asked the court to determine whether INEC possessed the legal powers under Sections 82 and 84(1) of the Electoral Act 2026 to prescribe timelines for political parties to conduct primaries and submit membership registers.
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The party also challenged aspects of INEC’s Revised Timetable for the 2027 elections, particularly deadlines relating to the submission of candidates’ particulars.
In his judgment, Justice Omotosho held that INEC is legally empowered to issue election timetables and fix schedules for political parties, provided such timelines comply with the provisions of the Electoral Act 2026.
The court declared that the election timetable constitutes a chain of activities, including the submission of membership registers and scheduling of party primaries for the 2027 polls.
Justice Omotosho further ruled that INEC has constitutional authority to issue and amend election timetables where necessary to give effect to the Constitution and the Electoral Act.
The court upheld the validity of INEC’s timetable concerning timelines for party primaries and submission of membership registers, stressing that such actions were not beyond the powers of the electoral commission.
However, the court held that INEC could not lawfully shorten statutory timelines provided under the Electoral Act.
The judge ruled that the commission lacked the authority to abridge the 90-day period for substitution of candidates under Section 31 of the Electoral Act 2026, as well as the requirement under Section 29(1) mandating political parties to submit names of candidates at least 120 days before an election.
The court subsequently ordered INEC to amend aspects of its 2027 election timetable to align with Sections 29(1) and 31 of the Electoral Act 2026.
Justice Omotosho also declared void the deadlines of August 29, 2026 and September 16, 2026 fixed by INEC for submission of nomination forms for presidential, National Assembly, governorship and state assembly elections, citing inconsistencies with the Electoral Act.
The court added that the suit was not statute-barred, noting that the cause of action arose from INEC’s March 27, 2026 press statement, while the case was filed on April 9, 2026.
