. Says Commission Cannot override electoral Act
A Federal High Court in Abuja has nullified key provisions in the Independent National Electoral Commission’s (INEC)Independent National Electoral Commission’s (INEC) revised timetable and schedule of activities for the 2027 general elections, ruling that the electoral umpire lacks the powers to abridge timelines expressly provided under the 2026 Electoral Act.
Justice M.G. Umar in judgement delivered on Wednesday but a certified true copy sighted on Thursday, the court held that INEC cannot lawfully impose deadlines or timelines that are inconsistent with statutory provisions governing party primaries, submission of candidates’ particulars, withdrawal and substitution of candidates, publication of final candidates’ list and campaign periods.
The suit, marked FHC/ABJ/CS/517/2026, was instituted by the Youth Party ( YP) against the Independent National Electoral Commission( INEC)
The plaintiff had challenged several aspects of INEC’s revised timetable for the 2027 elections, arguing that the commission exceeded its statutory powers by fixing timelines that effectively shortened periods guaranteed under the Electoral Act.
Justice Umar, in the judgment, agreed with the plaintiff and granted all the declaratory reliefs sought.
The court specifically declared that under Sections 29, 82 and 84(1) of the Electoral Act, 2026, INEC’s powers to receive notices of party primaries and monitor such exercises do not extend to fixing or prescribing the period within which political parties must conduct their primaries for the 2027 elections.
The judge further held that INEC cannot lawfully shorten the statutory 120-day period provided under Section 29(1) of the Electoral Act for political parties to submit personal particulars of their candidates before an election.
The court also held that the commission lacks powers to abridge the 90-day window allowed under Section 31 of the Act for withdrawal and substitution of candidates.
Justice Umar equally declared that INEC cannot publish the final list of candidates earlier than the 60-day minimum period stipulated by law.
On political campaigns, the court held that INEC has no statutory authority under Section 98 of the Electoral Act, 2026, to direct that campaigns must end two days before election day.
The court also held that the timeframe prescribed by INEC for submission of membership registers for party primaries does not apply in situations involving the replacement of withdrawn candidates.
Consequently, the court set aside and nullified the timelines imposed by INEC in its revised timetable and schedule of activities for the 2027 general elections on grounds that they were inconsistent with the Electoral Act, 2026.
The orders affected timelines relating to conduct of party primaries, submission of candidates’ particulars, withdrawal and substitution of candidates, publication of final candidates’ lists and campaign activities.
