An Abuja Federal High Court has backed the Independent National Electoral Commission's authority to set timelines for political party primaries ahead of the 2027 general elections. However, Justice J.K.
Omotosho ruled that INEC cannot compress the statutory periods laid out in the Electoral Act 2026.
The Social Democratic Party had challenged INEC's election timetable and schedule for 2027. SDP questioned whether the electoral body possessed legal power to force parties to conduct primaries within INEC-set deadlines.
In the suit marked FHC/ABJ/CS/720/2026, the court delivered its judgment on May 26, 2026. The ruling affirmed INEC's constitutional authority on this matter.
Justice Omotosho declared that election timetables form a chain of linked events and actions. These include submission of party membership registers for primary elections and fixed timeframes for organizing such contests.
"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 organize their primary Elections for the purpose of the stated 2027 Election," the judge ruled.
INEC possesses constitutional powers to issue and modify election timetables as circumstances demand. According to the judgment, the commission can alter its schedules where 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 court stated.
Justice Omotosho upheld INEC's right to request membership registers from political parties. He also confirmed the commission's authority to fix timelines for conducting primary elections.
But the court sided partially with the SDP on a critical point. INEC acted unlawfully by attempting to shorten the 120-day window specified in Section 29(1) of the Electoral Act for filing candidate particulars.
Consequently, the court voided INEC's August 29 and September 16, 2026 submission deadlines. These dates covered presidential, National Assembly, governorship and House of Assembly candidate nominations.
Justice Omotosho ordered INEC to revise its 2027 election timetable immediately. The electoral commission must now strictly comply with sections 29(1) and 31 of the Electoral Act 2026.
