…Says commission cannot override Electoral Act
The Federal High Court in Abuja has nullified key aspects of the Independent National Electoral Commission’s (INEC) revised timetable and schedule of activities for the 2027 general election, ruling that the commission lacks the statutory powers to impose timelines inconsistent with the Electoral Act 2026.
Delivering judgment on Thursday, Justice M.G. Umar held that INEC cannot abridge or alter timelines expressly provided under the Electoral Act relating to party primaries, submission of candidates, substitution of candidates, publication of final candidates’ lists, and campaign periods.
The suit, marked FHC/ABJ/CS/517/2026, was filed by the Youth Party against INEC.
A copy of the judgment sighted by BusinessDay showed that the court granted all the substantive reliefs sought by the plaintiff and declared several provisions in INEC’s revised timetable for the 2027 election unlawful.
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Justice Umar ruled that while INEC has powers under Sections 29, 82, and 84(1) of the Electoral Act 2026 to receive notices of party primaries and monitor such exercises, those powers do not extend to fixing or prescribing timelines for when political parties must conduct their primaries.
The court further held that Section 29(1) of the Electoral Act gives political parties up to 120 days before an election to submit the personal particulars of candidates, and that INEC cannot lawfully shorten that period through its administrative timetable.
The judge also declared that INEC cannot impose earlier deadlines for the withdrawal and substitution of candidates contrary to Section 31 of the Electoral Act, which permits such actions up to 90 days before an election.
On the publication of candidates’ lists, the court ruled that the commission lacks the authority under Section 32 of the Electoral Act to publish the final list of candidates earlier than the minimum 60-day period prescribed by law.
Justice Umar also faulted INEC’s directive requiring political campaigns to end two days before elections, holding that the commission lacked statutory backing under Section 98 of the Electoral Act to impose such a restriction.
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The court further clarified that the timeframe prescribed by INEC for the submission of membership registers for party primaries does not apply to primaries conducted for the purpose of replacing withdrawn candidates.
Consequently, the court set aside and nullified all aspects of INEC’s revised timetable for the 2027 general election, found to be inconsistent with the Electoral Act 2026.
The judgment is expected to significantly impact preparations for the 2027 general election and may compel INEC to issue a revised timetable in compliance with the provisions of the Electoral Act.
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