A federal high court in Abuja has ordered the Independent National Electoral Commission (INEC) to amend its timetable for the 2027 general election over inconsistencies with provisions of the Electoral Act 2026, delivering judgment on Tuesday in a suit filed by the Social Democratic Party. Presiding Judge James Omotosho held that although INEC has the constitutional power to issue and alter election timetables, such powers must be exercised within the timelines prescribed by law.
The court ruled that INEC cannot lawfully abridge the ninety days provided under section 31 of the Electoral Act for the substitution of candidates, nor can it shorten the 120-day period stipulated in section 29(1) for political parties to submit names of candidates before an election. The judge subsequently declared the deadlines of August 29 and September 16, 2026, set by INEC for the submission of nomination forms for presidential, national assembly, governorship and house of assembly elections, void.
The judge upheld INEC’s authority to issue election timetables and fix periods for party primaries, and also affirmed the commission’s power to request membership registers from political parties and prescribe timelines for primaries. However, he ordered INEC to amend the 2027 election timetable and schedule of activities in compliance with sections 29(1) and 31 of the Electoral Act.
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On May 21, another judge of a federal high court, Mohammed Umar, held that the electoral body lacks the statutory powers to abridge timelines provided under the Electoral Act, 2026. INEC has since appealed that judgment and filed a notice of appeal and a motion for stay of execution of the lower court’s ruling.
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