The Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to revise its timetable for the 2027 general elections to align with provisions of the Electoral Act 2026.
Delivering judgment on Tuesday, Justice James Omotosho held that the electoral body must ensure full compliance with Sections 29(1) and 31 of the law.
The court stated that while INEC has constitutional and statutory authority to issue and adjust election timetables, such powers must remain within the limits of the law.
It also ruled that INEC cannot lawfully reduce or alter the 90 day period allowed for substitution of candidates under Section 31 of the Electoral Act 2026.
“This honourable court hereby declares that the Defendant (INEC) 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,” Justice Omotosho held.
The court, however, affirmed that INEC acted within its powers when it requested updated party membership registers and set timelines for the conduct of party primaries.
It nevertheless declared invalid the deadlines of 29th August 2026 and 16th September 2026 for submission of nomination forms for presidential, National Assembly, governorship, and state assembly elections, describing them as inconsistent with Section 29(1) of the Electoral Act 2026.
The ruling followed a suit filed by the Social Democratic Party (SDP) under case number FHC/ABJ/CS/720/2026, with INEC as the sole defendant.
The SDP had asked the court to determine whether INEC could lawfully set limits for party primaries and whether it could shorten the statutory 120 day period for submission of candidates’ particulars.
INEC, through its counsel Dr Alex Izinyon SAN, urged the court to dismiss the case, arguing that it acted within its legal mandate and that the suit lacked merit.
The court, however, held that the case was not statute barred, noting that it arose from a March 27 press statement issued by INEC.
Justice Omotosho explained that an election timetable includes several interconnected processes, including submission of party registers and timelines for primaries ahead of the general elections.
The court held that the SDP’s claims succeeded in part.
The decision comes just days after INEC appealed an earlier ruling that nullified aspects of its 2027 election timetable and also sought a stay of execution pending appeal.
