Court cancels INEC deadline, extends party membership register submission to September 2026

A ray of hope has arrived for many politicians who lost in recent primary elections, after a Federal High Court in Abuja nullified the Independent National Electoral Commission’s (INEC) Revised Timetable and Schedule of Activities for the 2027 General Election.

Justice Mohammed Garba Umar, in his judgment, held that the timeframe “imposed” by INEC on political parties to conduct primaries, submit, withdraw and replace candidate names and particulars for the 2027 general elections “is inconsistent with the provisions of the Electoral Act, 2026,” and has therefore been set aside.

The judgment concerns a suit challenging INEC’s timetable for the 2027 elections, aimed at preventing candidates who lost in primaries from defecting to another party and contesting the same office they previously lost.

A Certified True Copy (CTC) of the judgment order shows the suit, marked FHC/ABJ/CS/517/2016 and filed by the Youth Party, names INEC as the sole defendant.

The plaintiff, whose counsel J. O. Olotu filed the suit on March 11, sought several reliefs, including a declaration that, upon proper consideration and interpretation of Sections 29, 82 and 84(1) of the Electoral Act, 2026, INEC’s powers to receive notices of party primaries, the personal particulars of candidates, and to attend, observe and monitor such primaries do not extend to fixing or prescribing the timetable within which parties may conduct their primary elections for the 2027 general elections.

“After hearing J. O. Olotu, counsel for the plaintiff, and Sarafa Yusuf, counsel for the defendant,” Justice Umar held, “going by the provisions of Section 29(1) of the Electoral Act, 2026, which requires political parties to submit the personal particulars of their candidates not later than 120 days before an election, INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”

Similarly, citing Section 31 of the Electoral Act, 2026, which permits parties to withdraw and substitute candidates not later than 90 days before the conduct of an election, the court held that INEC lacks the power to abridge or limit that statutory period by fixing an earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.

Justice Umar also held that, under Section 32 of the Electoral Act, 2026, INEC does not possess the statutory power to publish the final list of candidates for the 2027 general election before the 60‑day minimum period prescribed by law.

“A Declaration is made that upon the proper construction of Section 98 of the Electoral Act, 2026, the defendant does not possess the statutory authority to fix in its timetable for the 2027 general elections for campaigns to end two days before the elections.”

“A Declaration is made that upon the proper interpretation of Section 33 of the Electoral Act, 2026, the timeframe prescribed by the defendant for submission of membership registers for the conduct of primary elections is not applicable to primary elections conducted for the purpose of replacing withdrawn candidates.”

Justice Umar subsequently ordered “setting aside or nullifying the timeframes imposed by the defendant in its Revised Timetable and Schedule of Activities for the 2027 General Election for the conduct of primary elections by political parties for the 2027 general elections, the submission of personal particulars of candidates by their political parties for the 2027 general elections, the withdrawal and replacement of candidates by political parties for the 2027 general elections, the publication of the final list of candidates for the 2027 general elections and campaigning for the 2027 general elections, which is inconsistent with the provisions of the Electoral Act, 2026.”

Under the revised timetable, all 18 political parties were to submit their membership registers to the commission by May 10, conduct primaries for the selection of candidates, and apply for withdrawal and submit replacement candidates for the 2027 general elections before or by the end of May.

While all parties have complied with the regulation and are currently conducting their primaries, the outcome—particularly for the ruling All Progressives Congress—has sparked strong protests in some states, with many candidates withdrawing from the race over alleged imposition of candidates and other complaints.