Court invalidates parts of INEC timetable, affirming constitutional and electoral fairness

By Ejiro Ofoye

The Federal High Court in Abuja recently ruled that several key parts of the Independent National Electoral Commission (INEC)’s revised timetable for the 2027 general elections were invalid. The judgment, delivered by Justice Mohammed Umar, declared that INEC had exceeded its statutory authority by setting timelines that curtailed periods expressly protected by the Electoral Act 2026.

As a result, the court struck down portions of INEC’s schedule that dealt with party primaries, the submission of candidates’ particulars, the withdrawal and substitution of candidates, the publication of the final list of candidates, and campaign deadlines.

The ruling underscores a fundamental constitutional principle: administrative convenience cannot override statutory mandates. While INEC has supervisory powers over political parties, these powers do not allow it to impose restrictive timelines that conflict with the law’s explicit provisions.

This decision restores legal certainty to Nigeria’s electoral framework. It confirms that the Electoral Act remains supreme over any INEC guidelines, manuals, or timetables. Once the National Assembly sets statutory windows for candidate submissions or substitutions, no administrative body may lawfully shorten those windows.

By nullifying the restrictive timelines, the court also protects the internal democratic processes of political parties, ensuring that they retain constitutionally protected operational autonomy within the bounds of the law.

From a broader legal perspective, the judgment reinforces three core democratic principles: the doctrine of ultra vires, the supremacy of legislation over subordinate regulations, and the protection of political participation by preventing unfair procedural constraints.

The ruling may temporarily disrupt INEC’s preparations for the 2027 elections. Reports indicate that the commission is reviewing the judgment and may seek appeal. INEC is entitled to challenge the decision in appellate courts, where further clarification of the limits between its regulatory authority and party autonomy may be sought.

Until such an appeal is resolved, the judgment remains valid, binding, and enforceable. The court’s decision reflects a commitment to strict statutory interpretation rather than deference to institutional expediency, illustrating that constitutional democracy thrives on adherence to the law.

This ruling should be viewed not merely as a setback for INEC but as an opportunity for electoral reforms grounded in legality, consultation, and restraint. As Nigeria approaches another electoral cycle, stakeholders must recognize that credible elections depend on unwavering respect for constitutionalism and due process, not solely on timelines and logistics.

Dr Ofoye, a public affairs analyst, writes from Lagos.

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