The Federal High Court in Abuja has affirmed the powers of the Independent National Electoral Commission (INEC) to issue and modify election timetables.
Justice James Omotosho delivered the judgment on Tuesday in a suit filed by the Social Democratic Party (SDP) against INEC.
The suit, marked FHC/ABJ/CS/720/2026, challenged INEC’s authority to fix timelines for party primaries and submission of membership registers.
The SDP argued that INEC lacked powers under the Electoral Act 2026 to prescribe timelines for conducting party primaries.
The party also sought an order restraining the commission from enforcing timelines allegedly inconsistent with provisions of the Electoral Act.
INEC, however, defended its actions, insisting that its powers extended beyond monitoring party primaries to organising and supervising elections.
The commission argued that issuing election timetables was necessary to ensure compliance with electoral laws and orderly conduct of elections.
Delivering judgment, Justice Omotosho held that INEC was empowered under the Electoral Act to issue subsidiary regulations, including election timetables.
He stated that election timetables were essential for coordinating activities leading to elections.
According to the judge, election timetables include timelines for submission of party membership registers, primaries and other preparatory activities.
“Without this timetable, there would be chaos in our electoral system,” the judge stated.
Justice Omotosho said the Constitution and Electoral Act empowered INEC to issue and alter election timetables when necessary.
He, however, ruled that such timetables must strictly comply with timelines provided under the Electoral Act 2026.
The court faulted aspects of INEC’s revised timetable concerning withdrawal and substitution of candidates.
The judge noted that the Electoral Act allowed political parties up to 90 days before elections to submit candidate withdrawals.
He held that INEC exceeded its powers by reducing the legally approved timeframe through its revised timetable.
According to the judgment, deadlines fixed by INEC for submission of nomination forms were inconsistent with Section 29(1) of the Electoral Act.
Justice Omotosho subsequently ordered INEC to amend the 2027 Election Timetable and Schedule of Activities in line with the law.
The court also declared that requesting membership registers and fixing timelines for primaries remained within INEC’s constitutional powers.
Justice Omotosho further ruled that the suit filed by the SDP was competent and not statute-barred.
He explained that the cause of action arose from INEC’s March 27 press statement, while the suit was filed on April 9.
The judge concluded that INEC possessed constitutional authority to organise election processes but must operate within the limits of the Electoral Act.
