A federal high court in Abuja on Tuesday ordered the Independent National Electoral Commission (INEC) to amend its timetable for the 2027 general election over “inconsistencies” with provisions of the Electoral Act 2026.
Delivering judgment on in suit marked FHC/ABJ/CS/720/2026, James Omotosho, presiding judge, held that although INEC has the constitutional power to issue and alter election timetables, such powers must be exercised within the timelines prescribed by law.
The suit was filed by the Social Democratic Party (SDP), which challenged aspects of INEC’s revised election timetable.
The party asked the court to determine whether the commission could lawfully shorten the statutory period granted to political parties for the submission of candidates’ particulars and substitution of candidates.
In his ruling, Omotosho upheld INEC’s authority to issue election timetables and fix periods for party primaries.
The judge also affirmed the commission’s power to request membership registers from political parties and prescribe timelines for primaries.
“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 judge held.
“However, the timetable must comply strictly with the timeframes in the Electoral Act, 2026.”
The court, however, ruled that INEC could not lawfully abridge the 90 days provided under section 31 of the Electoral Act for the substitution of candidates.
Omotosho further held that the commission could not shorten the 120-day period stipulated in section 29(1) of the Electoral Act for political parties to submit names of candidates before an election.
He subsequently declared the deadlines of August 29 and September 16, 2026, set by INEC for the submission of nomination forms for the presidential, national assembly, governorship, and house of assembly elections, void.
According to the court, the deadlines were inconsistent with section 29(1) of the Electoral Act 2026.
The judge ordered INEC to amend the 2027 election timetable and schedule of activities in compliance with sections 29(1) and 31 of the Electoral Act.
“This honourable court hereby declares that the defendant cannot lawfully abridge or vary the 90 days period for substitution of candidates under section 31 of the Electoral Act, 2026,” the court held.
“This honourable court hereby declares that the defendant cannot abridge the time stipulated in section 29(1) of the Electoral Act 2026 given to political parties to submit the names of their candidates at least 120 days to the date of election.
“This honourable court hereby declares that the defendant is hereby ordered to amend the election timetable 2027 and schedule of activities in compliance with sections 29(1) & 31 of the Electoral Act 2026.
“This honourable court hereby declares that 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.
“This honourable court hereby declares that the deadline of 29th August 2026 and 16th September 2026 fixed for political parties to submit nomination forms for candidates for presidential and national assembly elections, as well as governorship and house of assembly elections, is void to the extent of its inconsistencies with the clear provisions of section 29(1) of the Electoral Act 2026.”
On May 21, Mohammed Umar, judge of a federal high court, held that the electoral body lacks the statutory powers to abridge timelines provided under the Electoral Act, 2026.
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