The Independent National Electoral Commission (INEC)
The Independent National Electoral Commission (INEC) used to illustrate story.
Justice James Omotosho of the Federal High Court, Abuja Division, has granted an order confirming the power of the Independent National Electoral Commission (INEC) to determine the timeline for the submission of political parties’ membership registers.
The court’s verdict emanated from Suit No: FHC/ABJ/CS/720/2026, filed by the Social Democratic Party (SDP) against INEC.
In the originating summons filed on April 2026, the SDP sought the determination of the court concerning whether having regard to Sections 82 and 84(1) of the Electoral Act, 2026, the INEC’s powers to receive notices, attend, observe and monitor party primaries extend to fixing or prescribing the timetable within which political parties must conduct their primaries.
Also on, whether having regard to Section 29(1) of the Electoral Act, 2026 (as amended), INEC can lawfully abridge the statutory period of 120 days before election for submission of candidates’ particulars by imposing timelines in its Revised Timetable for 2027 general elections.
Ruling on the matter on Tuesday, the trial judge noted that in the final analysis, INEC is empowered by law to issue timetable for elections but it must do so in compliance with the time frames in the Electoral Act 2026. He added that hitherto, the claims of the SDP succeed in part.
The court also ruled that a press statement of March 27 2026 originated the action, hence the suit is not statute barred having been filed on April 9 2026.
The court declared that the 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 organise their primary elections for the purpose of the stated 2027 election.
The court also declared that the INEC 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. However, the timetable must comply strictly with the timeframes in the Electoral Act, 2026.
The court furher declared that INEC is also empowered to alter the timetable for the ultimate aim of giving effect to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Electoral Act.
The court also declared that the timetable for the conduct of the 2027 general elections issued by INEC is valid and legally issued, stating that timeframe within which political parties are to hold their primaries and stating timeframe for the submission of membership registers of political parties.
However, the court declared that INEC cannot lawfully abridge or vary the 90 days period for substitution of candidates under Section 31 of the Electoral Act, 2026.
The court also declared that 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.
The court also ordered INEC to amend the 2027 election timetable and schedule of activities in compliance with sections 29(1) & 31 of the Electoral Act 2026.
The court further affirmed that INEC requesting for membership register of political parties and giving timeframe within which to conduct primaries is not ultra vires the powers of the electoral umpire.
The court further ruled that the deadline of 29th August 2026 and 16th September 2026 fixed by INEC 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 inconsistences with the clear provisions of section 29(1) of the Electoral Act 2026.
