Federal Court Invalidates Key Portions of INEC’s Election Timeline
A Federal High Court in Abuja has struck down significant elements of the Independent National Electoral Commission (INEC)’s updated timeline and schedule for the 2027 general elections. The court ruled that INEC lacks legal authority to implement a schedule that contradicts the stipulations outlined in the 2026 Electoral Act.
Judgment Details and Legal Implications
Justice MG Umar delivered the judgment on Thursday, asserting that INEC is not permitted to shorten or modify the timeline explicitly stated in the Electoral Act concerning party primaries, candidate submission, and the overall election period. The plaintiff in this case, the Youth Party, had filed the suit under reference number FHC/ABJ/CS/517/2026.
Court Grants Reliefs to Plaintiffs
According to a copy of the judgment reviewed by Business Day, the court granted all substantive reliefs sought by the plaintiffs and declared several provisions of INEC’s revised schedule for the 2027 elections illegal. This ruling emphasizes the importance of adhering to established legal frameworks for electoral processes.
INEC’s Powers Clarified
Justice Umar clarified that while INEC possesses certain powers under Sections 29, 82, and 84(1) of the 2026 Elections Act, which allow it to receive notices of political party primaries and monitor campaigning, these powers do not include the authority to determine the timing for such primaries.
Submission Timelines and Candidate Lists
The court also reaffirmed that Article 29(1) of the Elections Act permits political parties to submit candidate details as late as 120 days before elections. Consequently, INEC cannot lawfully shorten this timeline through its administrative calendar. Additionally, the judge ruled that according to Section 31 of the Electoral Act, INEC cannot expedite deadlines for candidate withdrawals or substitutions, which are permitted up to 90 days prior to elections.
Restrictions on Campaigns and Candidate Lists
Further emphasizing its ruling, the court stated that INEC is not authorized to publish the final list of candidates before the legally mandated minimum of 60 days. Justice Umar criticized INEC’s directive to conclude political campaigns two days prior to voting, highlighting a lack of legal foundation for such restrictions under Section 98 of the Electoral Law.
Impact on Upcoming Elections
The court’s decision further clarified that INEC’s deadline for the submission of membership lists does not apply to primaries designated for replacing candidates who have withdrawn. Consequently, all aspects of INEC’s revised timetable for the 2027 general elections have been suspended and nullified due to inconsistencies with the 2026 Elections Act. This ruling is poised to significantly influence the preparation for the upcoming general elections and may compel INEC to issue a new timeline that aligns with the legal requirements set forth in the Electoral Act.
