In a landmark judgement that reshapes the legal framework for Nigeria’s upcoming 2027 general elections, a Federal High Court in Abuja has stripped the Independent National Electoral Commission (INEC) of its powers to arbitrarily fix or shorten timelines for political party activities.
Presiding Judge, Justice Muhammad Umar, nullified key segments of INEC’s Revised Timetable and Schedule of Activities for the 2027 General Election, ruling that the Commission cannot override or abridge deadlines explicitly established by statutory law.
The judgment was delivered in a suit filed by the Youth Party against INEC.
THE CORE CONFLICT: GUIDELINES VS STATUTORY LAW
The lawsuit exposed a fundamental constitutional friction between INEC’s regulatory powers and the strict provisions of the newly minted Electoral Act, 2026.
Historically, INEC has adjusted electoral calendars to manage logistical pressures, often tightening windows for party primaries and candidate submissions.
However, the Youth Party argued that INEC’s revised 2027 timetable systematically squeezed political parties by imposing deadlines far stricter than those written into national law.
The plaintiff argued that INEC’s role is to monitor and observe, not to micro-manage or shorten statutory windows.
INEC’s counsel, Sarafa Yusuf, Esq., was unable to convince the Court that the Commission possessed the administrative discretion to alter these legally mandated timelines.
KEY TAKEAWAYS FROM THE JUDGEMENT
Justice Umar granted seven distinct declarations and orders, systematically dismantling INEC’s revised timetable where it conflicted with the Electoral Act, 2026:
- No Power to Dictate Primary Dates: The Court declared that while INEC has the statutory duty to receive Notices and Monitor Party primaries (under Sections 29, 82, and 84(1)), this authority does not extend to fixing or prescribing the specific windows within which political parties must conduct their inner-party elections.
- Protection of the 120-Day Candidate Window: Under Section 29(1) of the Act, Parties are entitled to submit personal particulars of candidates up to 120 days before an election. The Court ruled that INEC cannot lawfully shorten this timeframe.
- Protection of the 90-Day Substitution Window: Section 31 allows parties to withdraw and substitute candidates up to 90 days before the polls. The Court barred INEC from enforcing earlier deadlines for replacements.
- Final List Publication Restrained: Under Section 32, INEC is barred from publishing the final list of candidates before the minimum 60-day period prescribed by law.
- Campaign Timelines Preserved: The Court struck down INEC’s attempt to force campaigns to end two days before the elections, citing a violation of Section 98 of the Electoral Act.
- Exemption for Membership Registers: The Court clarified that INEC’s rules requiring the early submission of Party membership registers do not apply to primaries conducted strictly for replacing withdrawn candidates.
Editor: Ken Eseni
