Court affirms INEC’s power to fix party primary timelines ahead Of 2027 elections

A Federal High Court in Abuja has affirmed that the Independent National Electoral Commission (INEC) possesses the legal authority to set timelines for political parties to conduct their primaries ahead of the 2027 general elections.

Justice J.K. Omotosho delivered the ruling in a suit filed by the Social Democratic Party (SDP), which challenged aspects of INEC’s timetable and schedule of activities for the 2027 polls.

In the judgment, the court held that election timetables comprise a series of preparatory activities, including the submission of party membership registers and the conduct of party primaries, and that INEC is constitutionally empowered to regulate such processes.

Justice Omotosho ruled that the electoral commission has the authority under the Constitution and the Electoral Act 2026 to issue election timetables and, where necessary, amend them in the course of electoral preparations.

The court further declared that INEC’s requirement for political parties to submit membership registers and adhere to deadlines for conducting primaries falls within its statutory powers.

However, the judge drew a distinction between administrative timelines set by INEC and statutory deadlines established by law.

He held that while INEC can regulate electoral activities through its timetable, it cannot abridge or override timelines expressly provided under the Electoral Act 2026, particularly those relating to the submission, withdrawal and substitution of candidates.

The ruling comes amid an ongoing legal dispute involving a separate judgment delivered by Justice Mohammed Umar, which nullified portions of INEC’s 2027 election guidelines.

In that earlier case, the court held that INEC lacked the power to compel political parties to submit membership registers and databases by May 10 as a condition for participating in the 2027 elections, ruling that the commission could not shorten statutory timelines prescribed by the Electoral Act.

Dissatisfied with the decision, INEC has approached the Court of Appeal seeking to overturn the judgment and stay its execution pending the determination of its appeal.

The latest ruling by Justice Omotosho reinforces INEC’s authority to establish timelines for party primaries and other preparatory electoral activities, while maintaining that such powers must be exercised within the limits set by the Electoral Act.

The two decisions have effectively produced differing judicial interpretations of INEC’s powers, with the appellate court now expected to provide further clarity on the extent of the commission’s authority ahead of the 2027 general elections.

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