2027 polls: Your timetable must comply with statutory timeframe, court tells INEC

…says umpire can’t shorten 90-day period for substitution of candidates

By Ikechukwu Nnochiri, ABUJA

The Federal High Court in Abuja, on Tuesday, ordered the Independent National Electoral Commission (INEC) to amend the timetable it issued for the conduct of the 2027 general elections.

The court, in a judgment delivered by Justice James Omotosho, directed that the timetable and schedule of activities for the elections be amended to comply with Sections 29(1) and 31 of the Electoral Act 2026.

According to the court, although the Commission is empowered by the 1999 Constitution, as amended, and the Electoral Act 2026, to issue a timetable for elections and to alter the same as it deems fit, such actions must be carried out in strict compliance with the provisions of the law.

It further held that INEC cannot lawfully abridge or vary the 90-day period for substitution of candidates under Section 31 of the Electoral Act 2026.

“This honourable court hereby declares that the Defendant (INEC) cannot abridge the time stipulated in Section 29(1) of the Electoral Act 2026, given to political parties to submit the names of their candidates at least 120 days to the date of election,” Justice Omotosho held.

However, the court stressed that INEC did not act ultra vires its powers when it requested the membership register of political parties and also gave a timeframe within which primary elections should be conducted.

It nonetheless declared that the deadlines of 29th August 2026 and 16th September 2026, fixed for political parties to submit nomination forms for candidates for Presidential and National Assembly elections as well as Governorship and House of Assembly elections, were void to the extent of their inconsistency with the clear provisions of Section 29(1) of the Electoral Act 2026.

The judgment followed a suit marked FHC/ABJ/CS/720/2026, filed by the Social Democratic Party (SDP).

INEC was listed as the sole defendant in the matter.

The party, in the suit it filed on April 9 through its team of lawyers led by Mr. Realwan Okpanachi, prayed the court to, among other things, determine:

“Whether, having regard to Sections 82 and 84(1) of the Electoral Act 2026, the Defendant’s powers to receive notices, attend, observe, and monitor party primaries extend to fixing or prescribing the timetable within which political parties must conduct their primaries.”

As well as, “Whether, having regard to Section 29(1) of the Electoral Act 2026, the Defendant can lawfully abridge the statutory period of 120 days before an election for the submission of candidates’ particulars by imposing timelines in its Revised Timetable for 2027 general elections.”

INEC’s legal team, led by Dr. Alex Izinyon, SAN, urged the court to dismiss the suit for want of merit, insisting it acted within its statutory powers.

It further prayed the court to dismiss the suit for being statute-barred.

While the court held that the electoral body is empowered to issue a timetable for elections in strict compliance with the timeframes provided by the law, it held that the suit was not statute-barred.

The court noted that the suit originated from a press statement INEC issued on March 27.

It held that an election timetable is a chain of events or actions which includes the submission of membership registers of political parties to be used for the purpose of primaries, and the fixing of timeframes within which political parties are to organise their primary elections for the purpose of the 2027 polls.

The court held that the claims of the plaintiff succeeded in part.

The judgment came barely 24 hours after INEC approached the Court of Appeal in Abuja to set aside an earlier verdict of the court that voided the timelines it issued for the 2027 general elections.

The Commission also applied for a stay of execution of the judgment, pending the determination of its appeal.

In the notice of appeal dated May 25, INEC raised nine grounds it urged the appellate court to consider in vacating the judgment the high court delivered on May 20, in respect of a similar suit filed against it by the Youth Party (YP).

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