Court Orders INEC to Amend 2027 Election Timetable to Comply with Electoral Act

Alex Enumah in Abuja

Justice James Omotosho of the Federal High Court in Abuja has directed the Independent National Electoral Commission (INEC) to revise its amended timetable for the 2027 general elections so that it complies with the Electoral Act 2026.

The order was issued on Tuesday when Justice Omotosho delivered judgment in the lawsuit filed by the Social Democratic Party (SDP) against the commission.

In his judgment, Justice Omotosho noted that while the constitution allows the electoral umpire to set a timetable for elections, that timetable must align with the Electoral Act.

Last month, the SDP brought the case to court after INEC released a revised timetable that shortened the period for political parties to submit their membership registers and candidate lists for the upcoming 2027 elections scheduled for January next year.

The plaintiff, identified as FHC/ABJ/CS/720/2026 and filed on April 9, asked the court to determine, among other matters, whether INEC’s powers under Sections 82 and 84(1) of the Electoral Act, 2026, extend to fixing or prescribing the timetable within which parties must conduct their primaries.

Justice Omotosho ruled that INEC does have the authority to issue and alter a timetable for elections as it sees fit.

He also held that the 2027 election timetable issued by INEC was valid and legally issued, as the law permits it to set a “timeframe within which political parties are to hold their primaries” and to “state the timeframe for the submission of membership registers of political parties.”

However, the court declared that INEC cannot, in the process of fixing a timetable, shorten the period for parties to submit the names of their candidates for the 2027 general elections.

The court further held that the commission cannot also reduce the timeframe for parties to substitute candidates in the forthcoming general elections.

Specifically, the court criticized the commission’s actions in relation to Sections 29 and 31 of the Electoral Act, 2026.

While noting that INEC’s revised timetable set August 22, 2026, and September 19, 2026, as the dates for candidates for Presidential and National Assembly elections and Governorship and House of Assembly elections, Justice Omotosho observed that “These dates are far larger than the 90 days allowed by the Electoral Act, 2026.”

He said, “This means that the timetable has reduced the timeframe for parties to submit withdrawal to the defendant.”

“The defendant therefore acted ultra vires its powers by reducing the time allowed by political parties to convey withdrawals and sworn affidavits to the defendant contrary to the 90 days stipulated by the Electoral Act, 2026.”

He subsequently declared that INEC “cannot lawfully abridge or vary the 90‑day period for substitution of candidates under Section 31 of the Electoral Act, 2026.”

“This honourable court hereby declared that the defendant 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 before the date of election.”

“This honourable court hereby declared that the defendant is hereby ordered to amend the Election Timetable 2027 and Schedule of Activities in compliance with Sections 29(1) & 31 of the Electoral Act, 2026,” Justice Omotosho held.

While stating that INEC’s request for membership registers of political parties and the timeframe within which to conduct primaries is not ultra vires its powers, Justice Omotosho declared that the deadlines of August 29, 2026, and September 16, 2026, fixed for parties to submit nomination forms for candidates for Presidential and National Assembly elections, as well as Governorship and House of Assembly elections, are void to the extent of their inconsistencies with the clear provisions of Section 29(1) of the Electoral Act 2026.

It should be recalled that the same Federal High Court in Abuja had last week nullified the same sections of the revised timetable for being inconsistent with the provisions of the Electoral Act.

INEC has approached the appellate court to challenge the trial court’s decision on the suit filed by the Youth Party.