A Federal High Court sitting in Abuja has delivered a landmark judgment ordering the Independent National Electoral Commission (INEC) to amend aspects of its 2027 General Election timetable to comply strictly with provisions of the Electoral Act 2026.
The judgment was delivered on Tuesday, May 26, 2026, by Justice J.K. Omotosho in Suit No. FHC/ABJ/CS/720/2026 filed by the Social Democratic Party (SDP) against INEC.
The court held that while INEC possesses constitutional and statutory powers to issue and alter election timetables, such powers must remain within the boundaries and timelines expressly provided by the Electoral Act 2026.
Core Issues Before the Court
The suit centered on whether INEC could lawfully:
Fix or prescribe timelines for party primaries;
Abridge statutory timelines provided by the Electoral Act;
Compel political parties to submit membership registers within timelines inconsistent with the law;
Shorten the legally guaranteed period for submission and substitution of candidates ahead of the 2027 elections.
The plaintiff argued that portions of INEC’s revised election timetable violated statutory provisions of the Electoral Act 2026, particularly Sections 29(1) and 31.
Court Affirms INEC’s Powers — But With Limitations:
In its ruling, the court affirmed that INEC is constitutionally empowered to issue election timetables and coordinate electoral activities for political parties.
Justice Omotosho declared that election timetables constitute “a chain of events or actions” that may include:
Submission of party membership registers,
Timelines for party primaries:
Electoral schedules leading to the conduct of general elections.
The court further held that INEC retains the authority to alter electoral timetables where necessary to give effect to the Constitution and the Electoral Act.
However, the judge emphasized that such powers are not absolute and must comply strictly with statutory provisions already guaranteed under the Electoral Act 2026.
Major Orders of the Court:
In one of the most consequential aspects of the ruling, the court declared that INEC cannot lawfully abridge the statutory 120-day period granted to political parties for the submission of candidates’ particulars before elections.
The court also ruled that INEC cannot reduce or vary the 90-day period allowed under Section 31 of the Electoral Act for substitution of candidates.
Justice Omotosho consequently ordered INEC to amend its 2027 Election Timetable and Schedule of Activities to align fully with Sections 29(1) and 31 of the Electoral Act 2026.
The judgment partially upheld the claims of the plaintiff while reaffirming INEC’s broader constitutional responsibilities in electoral administration.
Political Implications:
The ruling is expected to have far-reaching implications for political parties currently preparing for the 2027 general elections.
Analysts say the judgment strengthens internal party democracy by ensuring that political parties are not subjected to compressed timelines that could disadvantage aspirants, disrupt transparent primaries, or create confusion in candidate nomination processes.
The verdict may also affect the timelines already announced by several political parties currently conducting consultations, screenings, congresses, and primary election preparations ahead of the 2027 electoral season.
Observers believe the judgment could trigger fresh adjustments in political strategies across party structures nationwide.
Legal and Democratic Significance:
Legal experts describe the judgment as a major clarification of the balance between INEC’s regulatory authority and the supremacy of statutory electoral timelines established by law.
The court’s decision reinforces the principle that electoral administrative powers must operate within constitutional and legislative limits rather than administrative discretion alone.
The judgment is also likely to shape future legal interpretations regarding party primaries, candidate substitutions, electoral scheduling, and compliance with statutory democratic procedures in Nigeria’s electoral process.
With political activities intensifying across the country ahead of 2027, stakeholders are expected to closely monitor INEC’s response and possible amendments to the electoral timetable in compliance with the court order.
