Breaking: Court Voids INEC’s Shortened Timelines for 2027 Party Primaries, Candidate Substitution

An Abuja Federal High Court has ruled that INEC lacks the power to shorten the 2027 election timelines outlined in the Electoral Act, 2026.

“A declaration is hereby made that upon a proper consideration and interpretation of the provisions of Sections 29, 82 and 84(1) of the Electoral Act, 2026, the powers of the Defendant to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe and monitor such primaries, does not extend to fixing or prescribing the timetable within which political parties may conduct their primary elections,” the judge ruled.

The court further held that under Section 29(1) of the Electoral Act, political parties are entitled to submit particulars of candidates not later than 120 days before an election and that INEC cannot lawfully abridge the statutory period by prescribing shorter deadlines.

“A declaration is made that having regards to Section 29(1) of the Electoral Act, 2026, the Defendant cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable,” Justice Umar stated.

The court also ruled that INEC lacks powers under Section 31 of the Electoral Act to impose earlier deadlines for withdrawal and substitution of candidates, which the law allows up to 90 days before an election.

Justice Umar equally held that INEC lacks statutory authority under Section 98 of the Electoral Act to compel political parties to end campaigns two days before elections.

“A declaration is made that upon a proper construction of Section 98 of the Electoral Act, 2026, the Defendant does not possess the statutory authority to fix in its timetable for the 2027 general elections for campaign to end two days before the elections,” the court held.

The judge further ruled that timelines prescribed by INEC for submission of membership registers for party primaries do not apply where primaries are conducted for replacement of withdrawn candidates.

Consequently, the court set aside and nullified timelines imposed by INEC in its revised timetable and schedule of activities for the 2027 general elections, declaring them inconsistent with the Electoral Act, 2026.