ABUJA, NIGERIA: The Federal High Court in Abuja has invalidated the 2027 general election timetable issued by the Independent National Electoral Commission (INEC), offering significant relief to political parties across the country.
In a judgment delivered by Justice Mohammed Umar, the court set aside INEC’s scheduled timelines for party primaries, candidate nominations, and the May 10 deadline for political parties to submit their comprehensive membership registers. The court ruled that the timeframes imposed by the electoral umpire directly contradict the provisions of the Electoral Act, 2026.
The Certified True Copy (CTC) of the judgment was made available on Thursday, following the ruling delivered on Wednesday.
The Legal Challenge
The judgment was the climax of a lawsuit (Suit No: FHC/ABJ/CS/517/2016) filed by the Youth Party (YP), where INEC was named as the sole defendant. The plaintiff had sought a judicial interpretation of Sections 29, 82, and 84(1) of the Electoral Act, 2026.
The Youth Party argued that while INEC maintains the statutory duty to receive notices, attend, and monitor party primaries, its regulatory powers do not extend to shortening the statutory windows provided to political parties to conduct their internal elections and nominate candidates.
Key Rulings by the Court
Justice Umar upheld the plaintiff's arguments, noting that administrative timetables cannot supersede explicit statutory provisions. The key pronouncements include:
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Candidate Nominations: Citing Section 29(1) of the Electoral Act, 2026—which allows political parties to submit candidates' personal particulars up to 120 days before an election—the court ruled that INEC cannot lawfully abridge or shorten this statutory period.
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Candidate Substitution: Under Section 31 of the Act, parties are permitted to withdraw and replace candidates up to 90 days before an election. The court held that INEC lacks the authority to enforce an earlier deadline.
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Final List Publication: The court stated that pursuant to Section 32 of the Act, INEC does not possess the power to publish the final list of candidates earlier than the 60-day minimum threshold prescribed by law.
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Campaign Timelines: Justice Umar declared that under Section 98 of the Act, INEC lacks the statutory authority to mandate in its timetable that political campaigns must end exactly two days prior to the elections.
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Membership Registers: The court clarified that under Section 33 of the Act, the deadline for submitting membership registers ahead of standard primaries does not apply to fresh primaries conducted specifically to replace withdrawn candidates.
Implications
The court concluded by issuing an order nullifying all affected timeframes within INEC’s Revised Timetable and Schedule of Activities for the 2027 General Election.
With the court setting aside INEC's deadlines for primaries, candidate submissions, replacements, final publications, and campaign conclusions, the electoral commission is expected to adjust its schedule to align strictly with the minimum and maximum thresholds stipulated in the Electoral Act, 2026.
