A federal high court in Abuja has ordered the Independent National Electoral Commission (INEC) to amend its timetable for the 2027 general election over inconsistencies with provisions of the Electoral Act 2026.
Delivering judgment on Tuesday in suit marked FHC/ABJ/CS/720/2026, Justice James Omotosho held that although INEC has constitutional powers to issue and adjust election timetables, such powers must be exercised within the limits prescribed by law.
The suit was filed by the Social Democratic Party, which challenged aspects of INEC’s revised election timetable.
The party asked the court to determine whether the commission could lawfully reduce the statutory periods granted to political parties for the submission of candidates’ particulars and substitution of candidates.
In his ruling, Justice Omotosho upheld INEC’s authority to issue election timetables and fix timelines for party primaries.
The judge also affirmed the commission’s powers to request membership registers from political parties and prescribe deadlines for primary elections.
“The Independent National Electoral Commission is empowered by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act, 2026 to issue timetable for elections and to even alter same as it deems fit,” the judge held.
“However, the timetable must comply strictly with the timeframes in the Electoral Act, 2026.”
The court, however, ruled that INEC could not lawfully shorten the 90-day period provided under Section 31 of the Electoral Act for the substitution of candidates.
Justice Omotosho further held that the commission could not abridge the 120-day period stipulated under Section 29(1) of the Electoral Act for political parties to submit names of candidates before an election.
Consequently, the court declared the August 29 and September 16, 2026 deadlines fixed by INEC for the submission of nomination forms for presidential, National Assembly, governorship, and House of Assembly elections as void.
According to the court, the deadlines were inconsistent with Section 29(1) of the Electoral Act 2026.
The judge subsequently ordered INEC to amend the 2027 election timetable and schedule of activities in compliance with Sections 29(1) and 31 of the Electoral Act.
“This honourable court hereby declares that the defendant cannot lawfully abridge or vary the 90 days period for substitution of candidates under section 31 of the Electoral Act, 2026,” the court ruled.
“This honourable court hereby declares 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 to the date of election.
“This honourable court hereby declares 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.”
The court also held that INEC’s request for political parties to submit membership registers and its prescription of timelines for primaries were within its constitutional powers.
“This honourable court hereby declares that the defendant requesting for membership register of political parties and giving timeframe within which to conduct primaries is not ultra vires the powers of the defendant,” the judge added.
The ruling comes days after another Federal High Court judge, Justice Mohammed Umar, held on May 21 that INEC lacked the statutory authority to reduce timelines provided under the Electoral Act 2026.
INEC has already appealed that earlier judgment and filed both a notice of appeal and a motion seeking a stay of execution of the ruling.