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Court Backs INEC's Power to Set Primary Timelines, Voids Key 2027 Election Deadlines

A Federal High Court in Abuja has upheld the Independent National Electoral Commission's authority to fix timelines for political party primaries ahead of the 2027 general elections but voided two of the commission's key deadlines for candidate submissions, ruling they violated statutory provisions of the Electoral Act 2026.

Justice J.K. Omotosho delivered the judgment on Monday in a suit filed by the Social Democratic Party, which had challenged aspects of INEC's timetable and schedule of activities for the 2027 elections.

The SDP, in the suit marked FHC/ABJ/CS/720/2026, had questioned whether INEC possessed the legal authority to compel political parties to conduct their primaries within timelines set by the commission.

Ruling in INEC's favour on that question, Justice Omotosho held that election timetables lawfully encompass timelines for party primaries, submission of membership registers and other related electoral activities.

"This Honourable Court hereby declares that Election Timetable is a chain of events or actions which include submission of membership register of political parties to be used for the purpose of primaries and fix timeframes within which political parties are to organise their primary elections for the purpose of the stated 2027 election," the judge ruled.

The court also affirmed that INEC holds constitutional powers to issue and amend election timetables as it deems necessary.

"This Honourable Court hereby declares that the Independent National Electoral Commission is empowered by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2026 to issue timetable for elections and to even alter same as it deems fit," the judgment stated.

However, the court partly sided with the SDP by ruling that INEC could not lawfully shorten the 120-day period stipulated under Section 29(1) of the Electoral Act for the submission of candidates' particulars.

On that basis, Justice Omotosho voided the August 29 and September 16, 2026, deadlines INEC had fixed for the submission of nomination forms for presidential, National Assembly, governorship and House of Assembly elections, ruling they fell short of the statutory requirement.

The judge subsequently ordered INEC to amend the affected portions of its 2027 election timetable to comply strictly with Sections 29(1) and 31 of the Electoral Act 2026.

The ruling delivers a split verdict — affirming INEC's broad scheduling authority while drawing a clear legal boundary against compressing candidate submission windows guaranteed under the law. It is likely to have significant implications for the planning and sequencing of activities ahead of the 2027 general elections.

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