Court Upholds INEC’s 2027 Election Timetable, Orders Adjustment of Some Deadlines
Justice Emeka Nwite Omotosho of the Federal High Court in Abuja has ruled that the Independent National Electoral Commission (INEC) acted within its constitutional powers by issuing the timetable and schedule of activities for the 2027 general elections.
The court, however, directed the electoral body to amend aspects of the timetable that conflict with provisions of the Electoral Act, 2026, particularly timelines relating to candidate substitution and submission of nomination forms.
Justice Omotosho delivered the judgment on Tuesday in a suit filed by the Social Democratic Party (SDP), which challenged INEC’s authority to fix timelines for political parties’ primaries and other pre-election activities.
The SDP had argued that INEC exceeded its powers by prescribing periods within which political parties must conduct their primaries and submit membership registers, insisting that such actions interfered with the internal affairs of political parties.
The party also sought an order restraining INEC from enforcing timelines it considered inconsistent with the Electoral Act, 2026.
In its defence, INEC maintained that it possesses the legal authority to organise and supervise elections, including issuing election timetables necessary for the smooth conduct of the electoral process.
The commission argued that the timetable was designed to ensure orderliness and compliance with constitutional and statutory requirements ahead of the 2027 elections.
Delivering judgment, Justice Omotosho held that election timetables are not limited to voting dates alone, but also cover preparatory activities such as submission of membership registers, conduct of primaries, nomination of candidates and other related processes.
According to the judge, such activities are essential to the conduct of valid elections and must therefore be included in any official election timetable.
“The election timetable is a chain of events or actions leading to the eventual election. Without timelines for party primaries, submission of membership registers and other preparatory steps, there would be chaos in the electoral system,” the judge said.
He ruled that INEC is empowered by both the 1999 Constitution and the Electoral Act, 2026 to issue and even alter election timetables where necessary.
Justice Omotosho further stated that the timetable released by INEC was validly issued and within the powers of the commission.
However, the court faulted INEC for reducing statutory periods provided under the Electoral Act regarding substitution and withdrawal of candidates.
The judge noted that Section 31 of the Electoral Act allows political parties up to 90 days before an election to submit notices of candidate withdrawal and related affidavits to INEC.
He observed that the deadlines fixed by INEC for such submissions effectively shortened the legally approved timeframe, describing the action as ultra vires.
“The defendant acted beyond its powers by reducing the time allowed under the Electoral Act for political parties to submit withdrawals and sworn affidavits,” the court held.
Justice Omotosho consequently ordered INEC to amend the 2027 election timetable to comply strictly with Sections 29(1) and 31 of the Electoral Act, 2026.
The court also declared void the deadlines of August 29 and September 16, 2026 fixed by INEC for submission of nomination forms for presidential, National Assembly, governorship and House of Assembly elections, to the extent that they conflict with the provisions of the Electoral Act.
The judge nevertheless dismissed claims that INEC acted unlawfully by requesting membership registers from political parties or fixing timelines for party primaries, affirming that such powers are legally vested in the commission.
