Federal High Court voids INEC’s election timetable deadlines, opening fresh paths for candidates and party defections.
Relief came the way of many politicians, who had lost out in the recent primary elections conducted by the political parties, as a Federal High Court, yester-day, in Abuja nullified the Revised Timetable and Schedule of Activities for the 2027 general election released by the Independent National Electoral Commission (INEC).
Justice Mohammed Umar, in a judgement, held that the time-frame “imposed” by INEC on political parties to conduct their primaries, submit, withdraw, and replace names and particulars of their candidates for the 2027 general election “is inconsistent with the provisions of the Electoral Act, 2026”, and, therefore, set it aside.
The judgement was in respect of a suit challeng-ing INEC’s time-frame for the conduct of the 2027 general election, primarily aimed at preventing peo-ple, who lost in primary elections from defecting to other parties and vying for the same offices they had earlier lost in their former parties.
A Certified True Copy (CTC) of the judgement revealed that the suit marked: FHC/ABJ/CS/517/2026, and filed by the Youth Party, had INEC as sole defendant.
The plaintiff, in the suit dated and filed on March 11 by counsel, J. O. Olotu, sought several reliefs, including a declaration 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 INEC to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe and monitor such primaries did not extend to fixing or prescribing the timetable within which political parties might conduct their primary elections for the purpose of nominating candidates for the 2027 general election.
Umar held that going by the provisions of Section 29(1) of the Electoral Act, 2026, which required political parties to submit the personal particulars of their candidates not later than 120 days to an election, “After hearing J. O. Olotu, of counsel for the Plaintiff, and Sarafa Yusuf, of counsel for the defendant, INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”
Similarly, citing Section 31 of the Electoral Act, 2026, which permitted political parties to withdraw and substitute candidates not later than 90 days to the conduct of an election, the court held that INEC lacked the powers to abridge or limit that statutory period by fixing earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.
Umar, in addition, statedthat by the provisions of Section 32 of the Electoral Act, 2026, INEC did not possess the statutory power to publish the final list of candidates for the 2027 general election before the 60 days minimum period prescribed by law.
The judge held, “A Declaration is made that upon the 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 election for campaign to end 2 days before the elections.
“A declaration is made that upon the proper interpretation to Section 33 of the Electoral Act, 2026, the time frame prescribed by the defendant for submission of membership registers for the conduct of primary elections is not applicable to primary elections conducted for the purpose of replacing withdrawn candidates.”
Umar subsequently made an order, “setting aside or nullifying the time-frames imposed by the defendant in its Revised Timetable and Schedule of Activities for 2027 General Election for the conduct of primary elections by political parties for the 2027 general election, the submission of personal particulars of candidates by their political parties for the 2027 general election, the withdrawal and replacement of candidates by political parties for the 2027 general election, the publication of the final list of candidates for the 2027 general election and campaigning for the 2027 general election, which is inconsistent with the provisions of the Electoral Act, 2026.”
By the revised time-table, all the 18 political parties were to submit their membership register to the commission by May 10, conduct primaries for the selection of candidates, as well as apply for withdrawal and submit replacement of candidates for the 2027 general election before or by end of May.
While majorly all the parties had complied with the regulation and had been conducting their primaries, the outcome, especially for the ruling All Progressives Congress (APC), had been met with strong protests in some states, with many candidates withdrawing from the race over alleged imposition of candidates, among others.
INEC Reviewing Order, May Appeal
INEC is reviewing the judgement of the Federal High Court Abuja, which held that the commission lackedthe statutory power to fix or prescribe the timeframe within which political parties must conduct their primaries for the nomination of candidates for the 2027 general election, THISDAY has learnt.
A senior official of the commission, who pleaded anonymity, said the commission would appeal the judgement.
“The commission is currently reviewing the court order and it will take a position on it. Of course, it is expected to appeal the order,” the official said.
ADC Welcomes Judgement
African Democratic Congress (ADC) welcomed the ruling of the Federal High Court, Abuja, on the deadline for party primaries, among others.
In a statement by its National Publicity Secretary, Mallam Bolaji Abdullahi, ADC said it viewed the ruling as a vindication of its vehement objections to key aspects of the electoral body’s guidelines at the time they were issued.
ADC also recalled its specific objections to the strict timelines on membership registration, as well as the conduct of party primaries.
“The decision of the court on these issues, including those that directly contradict the constitution, is, therefore, a welcome vindication of our position,” the party said.
ADC also said the ruling, which removed the impediment placed by the guidelines on politicians, who wished to seek alternative platforms to contest elections, was a positive development that promoted freedom of association.
It stated, “We believed at the time that that particular restriction was designed to prevent people from leaving the ruling party, APC. Now that the court has ruled against it, we are sure that, in the coming days, we will witness a mass exodus from the ruling party.”
PRP: Judgement Promotes Growth, Development
Peoples Redemption Party (PRP) said the judgement of the court promoted the growth and development of the country’s democratic culture by restoring critical responsibilities to political parties, which INEC had usurped.
National Publicity Secretary of PRP, Muhammed Ishaq, in a statement, said the judgement expanded the scope for decision-making within parties and removed the unhealthy regimentation of their activities.
Ishaq stated, “Our party is studying this judgement very carefully. On the face of it, it promotes the growth and development of our democratic culture by restoring critical responsibilities to political parties, which INEC had usurped.
“It expands the scope for decision-making within parties and removes the unhealthy regimentation of our activities.
“Undoubtedly, there will be challenges ahead. INEC may choose to appeal, although, we hope that patriots and influential stakeholders will intervene to restrain such actions.
“The ruling party, APC, is likely to be a major beneficiary of this judgement, given its current desperate state in addressing the multiple grievances arising from its attempts to handpick candidates.”
