Federal Court Strikes Down Elements of INEC’s Election Guidelines
A Federal High Court in Abuja has declared parts of the 2027 General Election Guidelines issued by the Independent National Electoral Commission (INEC) invalid. The court ruled that INEC lacks the authority to impose deadlines on political parties for conducting primaries or submitting membership records beyond what is stipulated by law.
INEC Exceeds Authority with Deadline Mandates
In a ruling delivered on Thursday, Justice Mohamed Umar stated that INEC overstepped its statutory powers by requiring political parties to submit their membership registers and databases by May 10 as a prerequisite for participating in the upcoming elections.
Youth Party Challenges Regulatory Timetable
The lawsuit was initiated by the Youth Party, which contested the legality of INEC’s timetable governing political party activities in the lead-up to voting. The case particularly focused on requirements for submitting party membership records and candidate information as outlined in Article 29(1) of the Elections Act 2026.
Judicial Clarification on INEC’s Role
Justice Umar clarified that although INEC has a constitutional duty to monitor political party primaries, it does not possess the authority to determine the schedule for these primaries. “The powers of the Respondent to receive notices of political party primaries do not extend to fixing or prescribing dates for these activities,” the judge stated.
NEC Cannot Alter Statutory Deadlines
The court further ruled that INEC is not permitted to shorten the period allocated in the Electoral Act for political parties to submit candidate details prior to elections. According to Section 29(1) of the Elections Act 2026, parties are required to provide personal information of candidates within 120 days leading up to elections, a timeline INEC cannot lawfully compress.
Critique of INEC Guidelines on Candidate Management
In addition, Justice Umar criticized the commission’s guidelines concerning candidate withdrawal and substitution, asserting that the legal framework already defines a timeline that cannot be altered administratively by INEC. The ruling reaffirmed that under Article 31 of the Elections Act, political parties can withdraw and replace candidates within 90 days before an election, a timeline that INEC cannot modify.
Impact on 2027 General Elections
This ruling is anticipated to significantly influence preparations for the 2027 general elections, particularly concerning the extent of INEC’s regulatory authority over internal party processes. INEC had introduced these guidelines to streamline the electoral process and enhance compliance by political parties, but has faced criticism for past challenges related to candidate turnover and disputes stemming from delays in candidate submissions.
Ongoing Debate on Electoral Regulation
The ruling may reignite discussions about the balance between electoral regulation and the autonomy of political parties in managing their nomination processes as the next election cycle approaches. Political parties often express concerns that executive orders from electoral bodies could interfere with their internal affairs if those orders contradict legally established deadlines.
