By Alex Enuma in Abuja
Federal High Court Orders INEC to Revise 2027 Election Timetable
Justice James Omotosho of the Federal High Court in Abuja has mandated the Independent National Electoral Commission (INEC) to revise its timetable for the 2027 general elections to align with the stipulations of the 2026 Electoral Act. This ruling came during a judgment delivered on Tuesday in response to a lawsuit filed by the Social Democratic Party (SDP).
Constitutional Powers for Election Dates
In his ruling, Justice Omotosho clarified that while election judges possess the authority to set dates for elections, these dates must adhere to established election laws. The SDP had previously challenged INEC’s decision to modify its timetable, which had the effect of reducing the period allocated for political parties to submit their membership lists and candidate nominations ahead of the elections scheduled for January 2027.
Legal Challenge from the Social Democratic Party
In a legal document filed under case number FHC/ABJ/CS/720/2026 on April 9, the SDP sought judicial clarification on whether INEC had the authority to dictate when political parties must conduct their primaries. The lawsuit raised concerns over INEC’s interpretation of Articles 82 and 84(1) of the 2026 Elections Act, questioning their powers in the context of party primaries.
INEC’s Authority Upheld with Limitations
Despite the challenges from the SDP, the court ultimately upheld INEC’s authority to establish and modify election dates. However, Justice Omotosho underscored that while INEC could dictate election timelines, it could not shorten the deadlines for political parties to submit candidate names while simultaneously fixing election dates.
Decision on Election Timelines
The court made it clear that INEC’s revised election calendar, which included dates for presidential, parliamentary, gubernatorial, and House of Representatives elections, was legally valid. However, the court condemned the commission’s actions that appeared to infringe on Articles 29 and 31 of the Election Law 2026, emphasizing that the provided dates exceeded the 90-day limit mandated by the law.
Nullification of Candidate Nomination Deadlines
Justice Omotosho ruled that INEC’s deadlines for political parties to submit their candidate nominations and membership information were null and void. He stated that INEC cannot legally alter the 90-day reserve period for candidates as specified under Section 31 of the Elections Act 2026, reiterating that political parties must submit their candidate lists at least 120 days prior to election dates, as indicated in Article 29(1).
Previous Court Rulings and INEC’s Response
It is noteworthy that the same Federal High Court had previously ruled against similar provisions in the revised timetable as being inconsistent with the Electoral Act. In response to these legal setbacks, INEC has indicated its intention to appeal the trial court’s decision made in the recent lawsuit brought forward by the Youth Party.
