A Federal High Court in Abuja has ruled that the Independent National Electoral Commission (Independent National Electoral Commission) must ensure its election timetable strictly complies with provisions of the Electoral Act, 2026, even while exercising its powers to organise and supervise elections.
The ruling was delivered in a suit filed by the Social Democratic Party against INEC, in which Justice James Omotosho held that while the electoral body has authority to issue and adjust election timetables, such powers cannot override statutory deadlines set by law.
The court specifically declared that INEC cannot shorten the 120-day period required for political parties to submit candidate lists under Section 29(1) of the Electoral Act, nor can it alter the 90-day window for candidate withdrawal and substitution under Section 31.
Justice Omotosho also faulted parts of INEC’s earlier timetable, including deadlines for submission of nomination forms, describing them as inconsistent with the law and therefore void to that extent.
However, the court upheld INEC’s authority to request party membership registers and set timelines for party primaries, noting that such administrative measures fall within its constitutional mandate.
Counsel to the EFCC, J.S. Okutepa, and defence lawyer, Adedayo Adedeji, presented opposing arguments on the legality of the timelines before the court reached its decision.
The judgement follows a similar ruling in another case where portions of INEC’s 2027 election timetable were nullified for violating the Electoral Act, prompting further legal debate over the commission’s powers in managing electoral schedules.
INEC, however, has insisted that its timetable is valid and necessary for smooth election planning, arguing that it does not interfere with the internal affairs of political parties. The commission has already filed an appeal challenging earlier rulings on the issue.
The latest judgement is expected to have significant implications for election planning ahead of the 2027 general elections, particularly in relation to party primaries and candidate nomination processes.
