INEC retains authority to set and modify election schedules, court rules
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INEC retains authority to set and modify election schedules, court rules

By Advocate | May 26, 2026 | 3 min read |

A Federal High Court in Abuja has backed INEC's authority to create and modify election timetables as needed. Justice James Omotosho ruled on Tuesday that the electoral commission acted within…

A Federal High Court in Abuja has backed INEC's authority to create and modify election timetables as needed. Justice James Omotosho ruled on Tuesday that the electoral commission acted within its powers.

He also validated INEC's 2027 election timetable as legally sound and properly issued. The judgment covered timelines for party primaries and submission of party membership registers.

The Social Democratic Party had challenged INEC's timetable in court filings marked FHC/ABJ/CS/720/2026. SDP submitted its case on April 9 with five core questions for the court.

One key question asked whether INEC could set primary election deadlines under the Electoral Act. SDP wanted the court to ban INEC from enforcing conflicting timelines.

The party also sought a declaration that INEC couldn't reduce the 120-day window for primaries. This period is outlined in Section 29(1) of the Electoral Act, 2026.

SDP challenged a timetable INEC released on March 27, 2026. They argued it breached statutory timelines set by law.

INEC defended itself vigorously in court documents. Officials noted the commission's role goes beyond monitoring — it must organize and supervise all elections.

According to INEC's argument, its timetable wouldn't interfere with SDP's internal operations. The commission added that SDP's primaries hadn't even begun yet.

INEC claimed its timetable matched both constitutional and Electoral Act requirements. It asked the court to dismiss what it called a premature lawsuit.

Justice Omotosho acknowledged a basic legal principle during his ruling. Subsidiary legislation cannot contradict the main law it comes from.

Still, he found that INEC derives clear power from Section 151 of the Electoral Act, 2026. This allows the commission to issue subsidiary legislation like election timetables.

"Election timetables exist to enforce the Electoral Act effectively," the judge noted. They provide structure for all political party activities before voting day.

Omotosho explained that timetables aren't simply voting dates. They encompass preliminary steps essential for valid elections and nominations.

A complete timetable must include deadlines for submitting party membership registers. It must also set windows for conducting primaries across all parties.

Without these components, he added, a timetable remains incomplete and insufficient. The sequence of events ensures orderly preparation for elections nationwide.

Justice Omotosho stressed that proper arrangement protects electoral integrity. Political parties need clear deadlines to organize their internal processes.

His judgment effectively closes the door on SDP's legal challenge. The ruling strengthens INEC's hand in managing Nigeria's electoral calendar.

Political analysts say the decision clarifies a long-standing constitutional question. INEC now has explicit court backing for its timetable authority.

SDP hasn't yet commented on whether it'll appeal the verdict. Legal experts expect the ruling will influence future disputes over election schedules.

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