A Federal High Court sitting in Abuja has nullified guidelines by the Independent National Electoral Commission (INEC) mandating political parties to submit a register and database of all members on May 10 to be eligible to contest for the 2027 general elections. It held that INEC could not lawfully shorten the timeline already provided under the Electoral Act 2026 for political parties to submit documents relating to candidates and party membership.
Justice Mohammed Umar, in a judgment delivered on Wednesday, ruled 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 elections, “is inconsistent with the provisions of the Electoral Act, 2026”, and it is hereby set aside.
The ruling was in respect of a suit challenging the electoral umpire’s time-frame for the conduct of the 2027 general elections; aimed at preventing people who lost in primary elections from defecting to another party and vying for the same office they earlier lost in their former party.
The decision of the judge was handed down after hearing the submissions of plaintiff’s counsel, J.O Olotu, and that of the defendant, Sarafa Yusuf.
According to a Certified True Copy (CTC) made available to newsmen on Thursday, the suit marked: FHC/ABJ/CS/517/2016, and filed by the Youth Party, has INEC as sole defendant.
The plaintiff in the suit dated and filed on March 11, by its counsel, J. O. Olotu sought for 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 the INEC to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe and monitor such primaries, does not extend to fixing or prescribing the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections.
The court held that, “an order is hereby granted setting aside or nullifying the time-frames imposed by the defendant (INEC) 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 elections, the submission of personal particulars of candidates by their political parties for the 2027 general elections, the withdrawal and replacement of candidates by political parties for the 2027 general elections, the publication of the final list of candidates for the 2027 general elections and campaigning for the 2027 general elections which are inconsistent with the provisions of the Electoral Act, 2026”.
Justice Umar ruled that INEC cannot lawfully abridge statutory timelines expressly provided under the Electoral Act 2026.
The court declared that Section 29(1) of the Electoral Act permits political parties to submit the personal particulars of their candidates not later than 120 days before an election, adding that INEC lacked the authority to impose a shorter deadline in its election timetable.
The judge further held that the commission could not shorten the 90 days allowed under Section 31 of the Act for withdrawal and substitution of candidates.
The court also ruled that INEC does not possess the statutory authority to publish the final list of candidates earlier than the 60-day minimum period stipulated by law, holding that the commission lacked powers under Section 98 of the Electoral Act to impose such a timeline.
In another declaration, the court held that the timeframe prescribed by INEC for submission of membership registers for party primaries does not apply to primaries conducted to replace withdrawn candidates. It consequently set aside the affected portions of INEC’s revised timetable and schedule of activities for the 2027 general elections, describing them as inconsistent with the provisions of the Electoral Act 2026.
According to the court, “A declaration is hereby made 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 the defendant to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe and monitor such primaries, does not extend to fixing or prescribing the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections.
“A Declaration is made that, having regard to Section 29(1) of the Electoral Act, 2026, which requires political parties to submit the personal particulars of their candidates not later than 120 days before an election, the defendant cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.
“A Declaration is made that, having regard to Section 31 of the Electoral Act, 2026, which permits political parties to withdraw and substitute candidates not later than 90 days before the conduct of an election, the defendant cannot lawfully abridge or limit that statutory period by fixing an earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.
“A Declaration is made that, having regard to Section 32 of the Electoral Act, 2026, the defendant does not possess the statutory power to publish the final list of candidates for the 2027 general election before the 60-day minimum period prescribed by law.
“A Declaration is made that, upon a 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 elections for the campaign to end 2 days before the elections.
“A Declaration is made that, upon a 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,” the court held.
Top Society reports that INEC had scheduled the presidential and National Assembly elections for January 16, 2027, while governorship and state Houses of Assembly elections are slated for February 6, 2027.
By the electoral body’s revised time-table, all the 18 political parties are 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 elections before or by end of May.
While all parties have complied with the regulation and are currently conducting their primaries, the outcome especially for the ruling All Progressives Congress (APC), have met with strong protests in some states, with many candidates withdrawing from the race, over alleged imposition of candidates among others.
