A Federal High Court in Abuja has affirmed that the Independent National Electoral Commission (Independent National Electoral Commission) has the legal authority to issue and adjust election timetables for political activities ahead of elections.
Delivering judgment in a suit filed by the Social Democratic Party against INEC, Justice James Omotosho held that the commission is empowered under the Electoral Act, 2026 to prepare electoral schedules, including timelines for party primaries, submission of membership registers, and nomination processes.
The court explained that election timetables are not limited to voting dates alone but include a chain of preparatory activities necessary for the smooth conduct of elections. According to the judge, these schedules help ensure order and prevent confusion in the electoral process.
However, the court also ruled that while INEC has the authority to issue such timetables, it must operate strictly within the limits set by the Electoral Act. Justice Omotosho noted that certain timelines set by the commission, particularly those relating to candidate substitution and nomination deadlines, were inconsistent with statutory provisions.
He held that INEC cannot lawfully shorten the 90-day period allowed for candidate withdrawal and substitution under the law, nor can it override the 120-day requirement for submission of party candidate lists.
The court therefore ordered INEC to amend its 2027 election timetable to comply fully with Sections 29(1) and 31 of the Electoral Act, 2026, while affirming that the suit brought by the SDP was valid and not time-barred.
Justice Omotosho concluded that although INEC’s timetable powers are legitimate, they must always align with the Constitution and the Electoral Act to remain valid.
