Home Headlines Court Backs INEC’s Power to Fix Primary Election Timelines

Court Backs INEC’s Power to Fix Primary Election Timelines

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A Federal High Court in Abuja has affirmed the authority of the Independent National Electoral Commission (INEC) to determine timelines for political parties to conduct their primaries ahead of the 2027 general elections.

The ruling, delivered by Justice J.K. Omotosho in Suit No. FHC/ABJ/CS/720/2026, arose from a suit filed by the Social Democratic Party (SDP), which challenged aspects of INEC’s timetable for the 2027 polls.

Organic Creame

In the judgment dated May 26, 2026, the court held that INEC possesses constitutional and statutory powers under the 1999 Constitution and the Electoral Act 2026 to issue election timetables, including deadlines for party primaries and related electoral activities.
Justice Omotosho ruled that election timetables cover a broad range of preparatory activities, including the submission of political party membership registers and the scheduling of primary elections.

“The election timetable is a chain of events or actions which include submission of membership register of political parties and fixing timeframes within which political parties are to organize their primary elections,” the court stated.

The court further declared that INEC has the legal authority to issue and alter election timetables whenever necessary.

According to the judgment, the commission acted within its lawful powers in directing political parties to submit membership registers and comply with stipulated timelines for primaries.
However, the court drew a clear boundary to INEC’s powers, stressing that the commission cannot abridge timelines expressly provided under the Electoral Act, particularly those relating to candidate nominations and substitutions.

The judgment comes amid an ongoing legal battle over INEC’s guidelines for the 2027 elections.

In a separate ruling earlier delivered by Justice Muhammed Umar in a suit instituted by the Youth Party, the court voided INEC’s directive mandating political parties to submit membership registers by May 10 as a condition for participating in the elections.
Justice Umar held that the directive exceeded INEC’s powers and conflicted with Section 29(1) of the Electoral Act 2026, which stipulates timelines for the submission of candidates’ particulars.

Following that decision, INEC approached the Court of Appeal in Abuja, seeking to overturn the ruling and secure a stay of execution pending the determination of the appeal.

The electoral body, through Senior Advocate of Nigeria (SAN) Alex Izinyon, is challenging the judgment on nine grounds, insisting that its guidelines were lawfully issued to ensure smooth preparation for the polls.

The differing court decisions have now created fresh legal debates over the scope of INEC’s regulatory authority as political activities ahead of the 2027 general elections continue to gather momentum.

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