A Federal High Court in Abuja has ruled that the Independent National Electoral Commission (INEC) is empowered to determine timelines for political party primaries ahead of the 2027 general elections, even as a parallel judgment restricting parts of its electoral guidelines continues to generate legal uncertainty.
The judgment, delivered by Justice J.K. Omotosho in Suit No. FHC/ABJ/CS/720/2026 filed by the Social Democratic Party (SDP), upheld INEC’s authority to issue election timetables that include deadlines for party primaries and other preparatory activities.
A Certified True Copy of the ruling, dated May 26, 2026, confirmed the court’s position that INEC can legally set such frameworks under the Constitution and the Electoral Act 2026.
The court held that election timetables constitute a chain of electoral processes, including submission of party membership registers and scheduling of primaries for general elections.
“This honourable court hereby declares that Election Timetable is a chain of events or actions which include submission of membership register of political parties… and fix timeframes within which political parties are to organize their primary elections,” the judgment read in part.
Justice Omotosho further affirmed that INEC is constitutionally empowered to issue and adjust election timetables where necessary.
“This honourable court hereby declares that the Independent National Electoral Commission is empowered by the Constitution… and the Electoral Act, 2026 to issue timetable for elections and to even alter same as it deems fit,” the court stated.
The court also ruled that INEC’s request for political parties to submit membership registers, as well as its imposition of deadlines for primaries, falls within its statutory mandate and is not unlawful.
However, the judge drew a boundary, holding that while INEC has broad regulatory powers, it cannot shorten timelines expressly provided by law, particularly those relating to candidate submissions and substitutions under the Electoral Act 2026.
The decision comes amid a separate ruling by Justice Muhammed Umar of the same Federal High Court, which had earlier nullified parts of INEC’s election guidelines.
Justice Umar, in a judgment delivered last Wednesday in a suit filed by the Youth Party, held that INEC could not lawfully impose a May 10 deadline for political parties to submit membership registers as a condition for participation in the 2027 elections.
The court ruled that such directives contravened Section 29(1) of the Electoral Act 2026, which outlines statutory timelines for submission of candidates’ details and party records.
Dissatisfied with that decision, INEC has approached the Court of Appeal in Abuja, seeking to overturn the ruling and obtain a stay of execution pending the determination of its appeal.
In its motion, filed by Senior Advocate of Nigeria (SAN) Alex Izinyon, the electoral commission argued that its guidelines were lawfully issued to regulate electoral processes and ensure compliance with constitutional provisions.
INEC is also advancing nine grounds of appeal, insisting that the disputed guidelines are essential for orderly preparation ahead of the 2027 general elections.
The contrasting judgments have now created divergent judicial interpretations – one affirming INEC’s authority to set timelines for party primaries, and another limiting its powers by prohibiting deadlines that conflict with statutory provisions – further intensifying legal debate over the commission’s regulatory scope ahead of the polls.