Politics

Court nullifies INEC deadline, extends party timelines

 

A Federal High Court in Abuja has struck down parts of the Independent National Electoral Commission’s (INEC) timetable for the 2027 general elections, effectively giving political parties until September 2026 to comply with key pre-election requirements, including submission of membership registers and nomination processes.

Justice Mohammed Umar delivered the ruling, holding that portions of INEC’s revised schedule were inconsistent with the Electoral Act, 2026 and therefore unlawful.

The court agreed that the electoral body had overstepped its authority by “imposing” deadlines that conflict with statutory provisions governing elections.

The decision arose from a suit filed by the Youth Party, marked FHC/ABJ/CS/517/2016, with INEC listed as the sole defendant.

The party, through its counsel J. O. Olotu, asked the court to determine whether INEC could lawfully fix timelines for party primaries and related nomination activities beyond what the Electoral Act permits.

After hearing arguments from both sides, Justice Umar ruled that INEC cannot shorten legally established timelines for political activities.

The court held that Section 29(1) of the Electoral Act, 2026, which allows political parties to submit candidates’ particulars not later than 120 days before an election, cannot be overridden by an administrative timetable.

In the judgment, the court stated that INEC “cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”

Similarly, referencing Section 31 of the Electoral Act, the court held that political parties are entitled to withdraw and substitute candidates up to 90 days before an election, adding that INEC has no power to impose an earlier cutoff date.

Justice Umar also ruled on Section 32, stating that INEC lacks authority to publish a final list of candidates before the minimum 60-day period required by law.

On campaign timelines, the court further declared that “upon the proper construction of Section 98 of the Electoral Act, 2026, the defendant does not possess the statutory authority to fix… campaigns to end two days before the elections.”

The judge also clarified that provisions relating to submission of membership registers cannot be used to restrict internal party processes for replacing withdrawn candidates, noting that such application was not supported by law.

Consequently, the court nullified several sections of INEC’s Revised Timetable and Schedule of Activities for the 2027 elections.

These include deadlines for primaries, submission of candidate details, withdrawal and substitution of candidates, publication of final candidate lists, and campaign timelines, where they conflict with the Electoral Act, 2026.

The ruling effectively gives political parties additional time to conclude internal arrangements.

Under the disputed timetable, INEC had directed all 18 registered political parties to submit membership registers by May 10, conduct primaries, and complete substitutions of candidates before the end of May.

With the court’s intervention, those deadlines have now been rendered invalid to the extent that they contradict the law, with parties now expected to operate within the statutory timelines extending into September 2026.

The judgment comes amid ongoing political tensions over party primaries across the country.

While many parties have complied with INEC’s earlier schedule, disputes have emerged in several states, including allegations of imposition of candidates and withdrawals by aggrieved aspirants, particularly within the ruling All Progressives Congress (APC).

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