A Federal High Court in Abuja has nullified key aspects of the Independent National Electoral Commission, INEC, Revised Timetable and Schedule of Activities for the 2027 General Election, a development expected to offer fresh opportunities to politicians who lost in recent party primaries.
In a judgment delivered by Justice Mohammed Garba Umar, the court held that the timelines imposed by INEC on political parties for the conduct of primaries, submission of candidates’ particulars, withdrawal and replacement of candidates were inconsistent with the provisions of the Electoral Act, 2026.
The ruling followed a suit filed by the Youth Party against INEC, challenging the commission’s authority to prescribe strict deadlines for political parties ahead of the 2027 elections.
According to the Certified True Copy of the judgment in suit number FHC/ABJ/CS/517/2016, the plaintiff argued that INEC lacked the statutory powers to fix timelines outside what is expressly provided in the Electoral Act, 2026.
The suit, filed on March 11 through counsel J. O. Olotu, sought a declaration that Sections 29, 82 and 84(1) of the Electoral Act do not empower INEC to determine the timeframe within which political parties must conduct primary elections for the nomination of candidates.
After hearing arguments from counsel to both parties, Justice Umar ruled that Section 29(1) of the Electoral Act clearly stipulates that political parties are required to submit the particulars of their candidates not later than 120 days before an election.
The court held that INEC “cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”
Justice Umar also cited Section 31 of the Electoral Act, which permits political parties to withdraw and replace candidates not later than 90 days before an election, stressing that INEC lacks the authority to impose earlier deadlines.
In addition, the court ruled that under Section 32 of the Electoral Act, INEC cannot publish the final list of candidates earlier than the 60 day minimum period provided by law.
The judgment further declared that INEC does not possess the statutory authority under Section 98 of the Electoral Act, 2026, to mandate that political campaigns must end two days before elections.
Justice Umar also clarified that the timeframe prescribed by INEC for the submission of party membership registers does not apply to primary elections conducted for the replacement of withdrawn candidates.
Consequently, the court set aside the timeframes contained in INEC’s Revised Timetable and Schedule of Activities for the 2027 General Election, describing them as inconsistent with the Electoral Act, 2026.
Under the now challenged timetable, all 18 registered political parties were required to submit their membership registers to INEC by May 10 and complete party primaries, candidate withdrawals and replacement processes before the end of May.
Although political parties have largely complied with the directives and commenced their primaries, the process, especially within the ruling All Progressives Congress, APC, has generated controversies in several states, with allegations of candidate imposition and multiple withdrawals from the races.
