Electoral commission cannot shorten deadlines provided by law, judge rules
A Federal High Court in Abuja has nullified portions of the Independent National Electoral Commission’s (INEC) timetable for the 2027 general election, ruling that the commission lacks the legal authority to alter timelines expressly provided in the Electoral Act, 2026.
The judgment followed a suit filed by the Youth Party (YP), which challenged INEC’s powers to prescribe deadlines for political parties to conduct primaries, submit candidates’ particulars and replace candidates ahead of the 2027 polls.
The case, marked FHC/ABJ/CS/517/2016, was filed on March 11 with INEC listed as the sole defendant.
Court Restricts INEC’s Role to Monitoring Primaries
Delivering judgment, Justice Mohammed Umar held that INEC’s statutory powers under Sections 29, 82 and 84(1) of the Electoral Act are limited to receiving notices of party primaries, collecting candidates’ particulars and monitoring the exercises.
The judge ruled that those provisions do not empower the electoral commission to determine when political parties must conduct their primary elections.
According to the court, the commission cannot impose a timetable directing political parties on the period within which they should nominate candidates for the 2027 elections.
Candidate Submission Period Cannot Be Reduced
The court also held that INEC cannot lawfully shorten the timeframe granted to political parties for the submission of candidates’ details.
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Justice Umar noted that Section 29(1) of the Electoral Act requires political parties to submit candidates’ particulars not later than 120 days before an election and said the commission cannot replace that statutory provision with a shorter deadline through its election timetable.
Deadline for Candidate Substitution Also Invalid
On the issue of withdrawal and replacement of candidates, the court ruled that political parties retain the right to make substitutions up to 90 days before an election as provided under Section 31 of the Electoral Act.
The judge said INEC cannot lawfully impose an earlier deadline that restricts the period guaranteed by law.
Campaign End-Date Provision Set Aside
Justice Umar further struck down INEC’s provision directing that political campaigns must end two days before election day.
According to the court, Section 98 of the Electoral Act does not grant the commission the authority to prescribe such a deadline in its election timetable.
The judge also ruled that INEC cannot publish the final list of candidates before the minimum 60-day period stipulated under the Electoral Act.
Key Sections of 2027 Timetable Nullified
As a result of the judgment, the court set aside provisions of INEC’s revised timetable relating to: Conduct of party primaries; Submission of candidates’ particulars; Withdrawal and replacement of candidates; Publication of final candidate lists; and Campaign schedules for the 2027 general election.
Justice Umar held that the affected provisions were inconsistent with the Electoral Act, 2026, and therefore invalid.
Before the ruling, INEC had directed political parties to submit membership registers by May 10, conclude primaries and complete processes for candidate withdrawals and replacements before the end of May as part of preparations for the 2027 elections.
The judgment is expected to reshape preparations for the next general election, as political parties may now rely strictly on timelines provided in the Electoral Act rather than those contained in INEC’s revised election schedule.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.