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Court Orders INEC to Align 2027 Election Timetable With Electoral Act

A Federal High Court in Abuja has ruled that the timetable issued by Independent National Electoral Commission for the 2027 general elections must strictly comply with the provisions of the Electoral Act, 2026.

Justice James Omotosho delivered the judgement in a suit filed by the Social Democratic Party against INEC, marked FHC/ABJ/CS/720/2026.

The ruling comes days after another Federal High Court nullified portions of INEC’s revised election timetable in a separate suit filed by the Youth Party.

In the latest judgement, the court affirmed that INEC has constitutional powers to issue and amend election timetables, provided such schedules remain consistent with the Electoral Act.

The SDP had argued that INEC could not lawfully abridge statutory timelines already established under the law, including the 120-day period for submission of candidates’ particulars.

INEC, however, maintained that its powers extend beyond receiving notices and observing primaries, insisting it also has authority to organise elections and issue timetables to ensure compliance with electoral laws.

Delivering judgement, Justice Omotosho stated:

“The Independent National Electoral Commission is empowered by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2026 to issue timetable for elections and to even alter same as it deems fit. However, the timetable must comply strictly with the timeframes in the Electoral Act, 2026.”

The court further ruled that INEC cannot lawfully reduce the statutory 90-day period for withdrawal or substitution of candidates under Section 31 of the Electoral Act, nor shorten the 120-day period for submission of candidates by political parties under Section 29(1).

Justice Omotosho subsequently ordered the commission to amend aspects of its timetable that conflict with the Electoral Act.

However, the court upheld INEC’s authority to request party membership registers and prescribe timelines for political parties to conduct primaries.

“The Defendant requesting for membership register of political parties and giving timeframe within which to conduct primaries is not ultra vires the powers of the Defendant,” the court held.

The judge also voided deadlines earlier fixed by INEC for submission of nomination forms for presidential, National Assembly, governorship, and state assembly elections to the extent that they contradict provisions of the Electoral Act.

Earlier, Justice Mohammed Umar had invalidated portions of INEC’s revised timetable, ruling that the commission lacked powers to prescribe timelines for party primaries beyond what is stated in the law.

Following that judgement, INEC, through its counsel Alex Izinyon, filed an appeal seeking to overturn the ruling and stay its execution pending determination by the Court of Appeal.

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