ABUJA, NIGERIA: A Federal High Court in Abuja has affirmed that the Independent National Electoral Commission (INEC) possesses the legal authority to establish timelines for political party primaries ahead of the 2027 general elections.

The ruling comes as INEC simultaneously moves to appeal a separate, conflicting judgment that nullified parts of its election guidelines.

The Judgment: FHC/ABJ/CS/720/2026

Presiding Judge Justice J.K. Omotosho delivered the judgment in a suit filed by the Social Democratic Party (SDP), which had challenged aspects of INEC’s timetable and schedule of activities for the 2027 polls.

According to a Certified True Copy (CTC) of the judgment obtained by SaharaReporters, dated May 26, 2026, the court held that INEC is fully empowered under the 1999 Constitution (as amended) and the Electoral Act, 2026, to issue and modify election timetables.

"This honourable court hereby declares that 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," Justice Omotosho ruled.

The court further clarified that an election timetable constitutes a "chain of events" that legitimately includes the submission of party membership registers and the fixing of timeframes for primary elections. Justice Omotosho ruled that requesting these registers and setting deadlines did not constitute an ultra vires (beyond the power) action by the electoral umpire.

Statutory Limits on INEC's Authority

While affirming INEC’s administrative powers, Justice Omotosho introduced a critical caveat: the commission cannot shorten statutory deadlines expressly provided by law. Specifically, INEC is restricted from overriding provisions in the Electoral Act, 2026, that govern the submission and substitution of candidates.

Parallel Legal Battle and Judicial Conflict

The ruling highlights a growing legal conflict over INEC's regulatory boundaries. The electoral body is currently locked in a parallel legal battle regarding a separate judgment delivered by Justice Muhammed Umar of the Federal High Court.

In that case, initiated by the Youth Party, Justice Umar voided portions of INEC’s guidelines, setting aside a directive that required political parties to submit their membership registers and databases by May 10 as a prerequisite for participating in the 2027 elections. Justice Umar ruled that INEC could not lawfully shorten the statutory timeline provided under Section 29(1) of the Electoral Act, 2026.

INEC Approaches Court of Appeal

Dissatisfied with Justice Umar's restrictions, INEC has approached the Court of Appeal in Abuja. In a motion on notice filed alongside an appeal dated May 25, 2026, INEC’s counsel, Chief Alex Izinyon, SAN, requested:

• An order setting aside the lower court's decision.

• A stay of execution on the judgment pending the determination of the appeal.

INEC has advanced nine grounds of appeal, maintaining that its guidelines were lawfully issued to ensure proper compliance, order, and statutory readiness ahead of the 2027 general elections.

The two high court rulings present contrasting judicial interpretations. While Justice Omotosho’s judgment solidifies INEC’s regulatory authority to enforce primary timelines and register submissions, Justice Umar's decision—now under appeal—places strict statutory limits on the commission's power to modify dates established by the Electoral Act.