COURT NULLIFIES INEC DEADLINES FOR PARTY PRIMARIES, CANDIDATE NOMINATION

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A federal high court in Abuja has canceled the time schedules set by the Independent National Electoral Commission (INEC) for running party primaries and selecting candidates.

The court also said that INEC does not have the legal authority to shorten the timelines mentioned in the Electoral Act, 2026.

According to the revised timetable issued by the electoral commission, all political parties were expected to submit their membership registers by May 10, conduct primaries to select candidates, and apply for withdrawals and submit replacements for the 2027 general election before the end of May.

The suit, marked FHC/ABJ/CS/517/2016, was filed on March 11 by the Youth Party (YP), with INEC listed as the sole defendant.

In the suit, the plaintiff, through its counsel, J.O. Olotu, sought several reliefs, including a declaration that INEC’s powers to receive notices of party primaries and candidates’ particulars, as well as its duty to monitor the exercises under sections 29, 82 and 84(1) of the Electoral Act, 2026, do not extend to fixing timelines for political parties to conduct primaries ahead of the 2027 general election.

In a judgement delivered on Wednesday, Mohammed Umar, the presiding judge, held that INEC cannot “fix or prescribe the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections.”

The judge ruled that the powers granted to INEC under sections 29, 82 and 84(1) of the Electoral Act do not extend to determining timelines for party primaries.

“A declaration is hereby made that upon a proper consideration and interpretation of the provisions of sections 29, 82 and 84(1) of the Electoral Act, 2026, the powers of the defendant to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe and monitor such primaries, does not extend to fixing or prescribing the timetable within which political parties may conduct their primary elections,” the judge ruled.

Umar also held that INEC cannot lawfully shorten the statutory period allowed for political parties to submit the particulars of candidates.

The judge said section 29(1) of the Electoral Act requires parties to submit candidates’ particulars “not later than 120 days to an election” and that the commission “cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”

On the substitution and withdrawal of candidates, the court ruled that INEC cannot impose earlier deadlines than those stipulated by the law.

“A declaration is made that having regard to section 31 of the Electoral Act, 2026, which permits political parties to withdraw and substitute candidates not later than 90 days to the conduct of an election, the defendant cannot lawfully abridge or limit that statutory period by fixing an earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable,” the judge further said.

He further held that INEC lacks the authority to publish the final list of candidates before the statutory 60-day minimum period prescribed by the Electoral Act.

The judge also voided the provision in the timetable fixing the end of campaigns two days before the election.

Umar held that “upon a proper construction of Section 98 of the Electoral Act, 2026, the Defendant does not possess the statutory authority to fix in its timetable for the 2027 general elections for the campaign to end 2 days before the elections.”

Consequently, the court set aside the timelines imposed by INEC in its revised timetable for party primaries, submission of candidates’ particulars, withdrawal and replacement of candidates, publication of final candidate lists, and campaigns for the 2027 elections.

The court ruled that the timelines “are inconsistent with the provisions of the Electoral Act, 2026.”

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