A Federal High Court in Abuja has affirmed the authority of the Independent National Electoral Commission (INEC) to set timelines for political party primaries ahead of the 2027 general elections, while also ruling that the commission cannot alter deadlines already established under the Electoral Act 2026.
The judgment was delivered by Justice J.K. Omotosho in Suit No. FHC/ABJ/CS/720/2026, filed by the Social Democratic Party (SDP), which challenged aspects of INEC’s timetable and election schedule for the 2027 polls.
In the ruling, the court held that INEC is constitutionally empowered to issue election timetables and determine schedules for activities leading to elections, including timelines for party primaries and submission of membership registers.
Justice Omotosho stated that election timetables involve a sequence of electoral activities necessary for the conduct of elections and fall within the commission’s administrative powers.
The court further ruled that INEC has the authority to request membership registers from political parties and set deadlines for their submission as part of preparations for party primaries.
However, the judge drew a distinction between administrative timelines and statutory provisions contained in the Electoral Act.
According to the ruling, INEC cannot shorten or override timelines expressly provided by law, especially those relating to candidate submissions and substitutions.
The decision comes amid an ongoing legal dispute over parts of INEC’s election guidelines.
Last week, Justice Muhammed Umar of the Federal High Court delivered a separate judgment nullifying portions of the commission’s guidelines after the Youth Party challenged INEC’s directive requiring political parties to submit membership registers and databases by May 10.
Justice Umar held that the commission exceeded its powers by imposing deadlines that conflicted with Section 29(1) of the Electoral Act 2026.
INEC has appealed that ruling.
In a motion filed on May 25, the electoral body asked the Court of Appeal in Abuja to set aside the judgment and grant a stay of execution pending the determination of the appeal.
The commission, through its counsel, Senior Advocate of Nigeria Alex Izinyon, argued that the guidelines were issued lawfully to support electoral planning and ensure compliance with constitutional and statutory requirements.
The two court decisions now present differing judicial interpretations of INEC’s powers ahead of the 2027 elections.
While Justice Omotosho’s ruling affirms the commission’s authority to fix timelines for party primaries and related electoral activities, Justice Umar’s earlier judgment restricts INEC from enforcing deadlines that conflict with provisions of the Electoral Act.
