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The Federal High Court in Abuja has affirmed the powers of the Independent National Electoral Commission (INEC) to issue and alter election timetables for the conduct of elections in Nigeria.
The court, however, ruled that such powers must be exercised strictly within the timelines provided under the Electoral Act, 2026.
Justice James Omotosho delivered the judgment on Tuesday in Suit No: FHC/ABJ/CS/720/2026 filed by the Social Democratic Party (SDP).
The court consequently ordered INEC to amend its timetable and schedule of activities for the 2027 general elections to comply with Sections 29(1) and 31 of the Electoral Act, 2026.
The SDP had challenged aspects of INEC’s revised election timetable, arguing that the commission unlawfully shortened timelines provided by law for political parties to submit candidates’ names and process withdrawals or substitutions.
In the suit filed on April 9, 2026, the party questioned whether INEC possessed the authority to prescribe timelines for the conduct of party primaries beyond what is stipulated in the Electoral Act.
The SDP also sought an order restraining the commission from enforcing timelines allegedly inconsistent with the law.
In its defence, INEC maintained that its constitutional and statutory responsibilities include organising and supervising elections, as well as issuing election timetables to ensure orderly electoral processes.
Delivering judgment, Justice Omotosho held that INEC is empowered under Section 151 of the Electoral Act, 2026, to issue subsidiary regulations, including election timetables.
“The issuance of a timetable is to give effect to the Electoral Act, especially with all its various timelines,” the judge held.
According to the court, election timetables are essential for maintaining order and coordination in the electoral process, including timelines for party primaries, submission of membership registers, and nomination of candidates.
The judge further stated that election timetables without such timelines would create confusion within the electoral system.
However, Justice Omotosho ruled that INEC acted beyond its powers by reducing the statutory timelines allowed under Sections 29(1) and 31 of the Electoral Act, 2026.
He held that political parties are entitled to the full 120 days required for submission of candidates’ names and the 90-day period for substitution or withdrawal of candidates as provided by law.
“The defendant therefore acted ultra vires its powers by reducing the time allowed by political parties,” the court ruled.
Justice Omotosho consequently declared void the deadlines fixed by INEC to the extent that they conflict with the Electoral Act.
The court ordered the electoral commission to amend the 2027 election timetable and schedule of activities in line with statutory provisions.
The judge also clarified that INEC retains the authority to request membership registers from political parties and prescribe timelines for party primaries.
The judgment comes days after another judge of the Federal High Court, Muhammed Umar, nullified aspects of INEC’s revised timetable in a separate suit filed by the Youth Party.
Following that judgment, INEC filed an appeal challenging the ruling and asked the Court of Appeal to set it aside.
The commission argued in its notice of appeal that the lower court failed to properly determine its preliminary objection and denied it fair hearing.