Court voids INEC deadlines for party primaries ahead of 2027 election
Political parties preparing for the 2027 general election have secured a legal victory after the Federal High Court in Abuja invalidated key deadlines set by the Independent National Electoral Commission (INEC) for the conduct of primaries and nomination of candidates.
In a judgment delivered by Justice Mohammed Umar, the court set aside aspects of INEC’s revised timetable, including the May 10 deadline that required political parties to submit membership registers and databases as a condition for participation in the elections.
The court held that the timeframes imposed by the electoral body for party primaries, submission of candidates’ particulars, withdrawal and replacement of candidates, publication of final candidate lists and campaign activities were inconsistent with provisions of the Electoral Act 2026.
The ruling followed a suit filed by the Youth Party (YP), which challenged INEC’s timetable and argued that the commission acted outside the powers granted to it under the Electoral Act.
Although judgment was delivered on Wednesday, the Certified True Copy was made available on Thursday.
The suit, marked FHC/ABJ/CS/517/2016, sought among other reliefs a declaration that INEC’s statutory responsibility to receive notices of party primaries and monitor the process did not extend to prescribing the period within which political parties must conduct primaries for the purpose of selecting candidates for the 2027 elections.
Justice Umar agreed with the plaintiff and held that Section 29(1) of the Electoral Act 2026 allows political parties to submit personal particulars of candidates not later than 120 days before an election and that INEC lacked authority to shorten that period through administrative timelines.
The court further ruled that Section 31 of the Act permits withdrawal and substitution of candidates up to 90 days before an election and that the commission could not lawfully impose an earlier deadline.
On publication of candidates’ lists, the court held that Section 32 of the Electoral Act did not empower INEC to release the final list of candidates earlier than the minimum period prescribed by law.
Justice Umar also ruled on campaign activities, declaring that under Section 98 of the Electoral Act 2026, INEC lacked statutory authority to stipulate in its timetable that campaigns must end two days before election day.
In another relief granted, the court held that the timeframe prescribed by INEC for submission of membership registers was not applicable to primary elections conducted to replace candidates who had withdrawn.
Consequently, the court issued an order nullifying the affected portions of INEC’s revised timetable and schedule of activities for the 2027 general election where they conflicted with provisions of the Electoral Act.
The judgment is expected to reshape preparations for the 2027 elections and may compel INEC to review parts of its electoral timetable in line with statutory requirements.