2027: Court Faults INEC, Nullifies Deadlines for Primaries, Candidate Nomination

 

 

 

 

 

 

Ahead of the 2027 general election, political parties have secured a major legal victory after the Federal High Court in Abuja nullified parts of the timetable issued by the Independent National Electoral Commission (INEC) for party primaries and candidate nominations.

In a judgment delivered by Justice Mohammed Umar, the court ruled that INEC lacked the authority to impose deadlines that contradict provisions of the Electoral Act 2026. The court specifically set aside the commission’s May 10 deadline for political parties to submit their membership registers and databases as a condition for participating in the elections.

Justice Umar held that the timelines fixed by INEC for the conduct of party primaries, submission of candidates’ particulars, withdrawal or replacement of candidates, publication of final candidates’ lists, and campaign activities were inconsistent with the Electoral Act 2026.

The ruling followed a suit filed by the Youth Party, which asked the court to compel INEC to comply with the statutory 120-day deadline provided by the Electoral Act for submission of candidates’ particulars and party registers.

Although the judgment was delivered on Wednesday, the Certified True Copy was released on Thursday.

The suit, marked FHC/ABJ/CS/517/2016, listed Independent National Electoral Commission as the sole defendant.

The plaintiff argued that under Sections 29, 82 and 84(1) of the Electoral Act 2026, INEC’s powers to receive notices of party primaries and monitor them do not include fixing timelines for when political parties must conduct their primaries for the 2027 elections.

Agreeing with the argument, the court declared that Section 29(1) of the Electoral Act requires parties to submit candidates’ particulars not later than 120 days before an election, adding that INEC cannot shorten that period through its timetable.

The court also ruled that Section 31 of the Electoral Act permits political parties to withdraw or substitute candidates up to 90 days before an election, meaning INEC cannot impose an earlier deadline.

Justice Umar further held that Section 32 of the Electoral Act does not empower INEC to publish the final list of candidates earlier than the legally prescribed 60-day period before elections.

In addition, the court ruled that INEC cannot lawfully end campaigns two days before elections, stating that such a provision is inconsistent with Section 98 of the Electoral Act 2026.

The court consequently nullified all aspects of INEC’s revised timetable for the 2027 general election that conflict with the Electoral Act, including deadlines relating to primaries, candidate nominations, substitutions, publication of final candidates’ lists, and campaign activities.

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