A Federal High Court sitting in Abuja has upheld the authority of the Independent National Electoral Commission (INEC) to prescribe timelines for political parties to conduct their primaries ahead of the 2027 general elections, while simultaneously striking down specific deadlines it found incompatible with the Electoral Act 2026.

Justice J.K. Omotosho delivered the judgment in a suit brought by the Social Democratic Party (SDP), which had challenged aspects of INEC’s timetable and schedule of activities for the 2027 elections.

In the case marked FHC/ABJ/CS/720/2026, the SDP questioned whether INEC had the legal authority to set timelines for party primaries and compel political parties to comply with them, particularly in light of Sections 82 and 84(1) of the Electoral Act 2026.

In his ruling, Justice Omotosho ruled in INEC’s favour, declaring: “Election Timetable is a chain of events or actions which include submission of membership register of political parties to be used for the purpose of primaries and fix timeframes within which political parties are to organize their primary elections for the purpose of the stated 2027 election.”

The court also affirmed that INEC could alter such timetables when it deemed it necessary.

“The Independent National Electoral Commission is empowered by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2026 to issue timetable for elections and to even alter same as it deems fit,” the judgment read.

On INEC’s practice of requesting membership registers from political parties, the court ruled that this too was within the commission’s lawful powers.

“The Defendant requesting for membership register of political parties and giving timeframe within which to conduct primaries is not ultra vires the powers of the Defendant,” the court held.

However, Justice Omotosho held that while INEC can set its own administrative timelines, it cannot compress or override timelines expressly fixed by the Electoral Act.

Specifically, the court voided the deadlines of August 29, 2026 and September 16, 2026, which INEC had set for the submission of nomination forms for presidential, National Assembly, governorship, and House of Assembly elections.

The court found those dates incompatible with the 120-day window guaranteed under Section 29(1) of the Electoral Act 2026 for submission of candidates’ particulars.

Justice Omotosho consequently ordered INEC to amend the affected portions of its 2027 election timetable to bring them in line with Sections 29(1) and 31 of the Electoral Act 2026.

A Certified True Copy of the judgment, obtained by SaharaReporters, was dated May 26, 2026.

What It Means Going Forward
The ruling is expected to have significant implications for 2027 election preparations. While parties must comply with INEC-prescribed timelines for primaries, the commission cannot use its timetable to curtail rights and windows that the National Assembly has specifically legislated.