*Voids 2027 Deadlines On Primaries, Candidate Substitution And Campaigns
The Federal High Court sitting in Abuja has delivered a landmark judgment nullifying key time-frames imposed by the Independent National Electoral Commission (INEC) in its Revised Timetable and Schedule of Activities for the 2027 General Elections, declaring that INEC does not possess the statutory power to prescribe timetables for the conduct of party primaries, abridge statutory periods for candidate submission and substitution, publish the final list of candidates before the period prescribed by law, or fix campaign end dates contrary to the provisions of the Electoral Act 2026.
The judgment, delivered on Wednesday, May 20, 2026, by Hon. Justice M.G. Umar in Suit No. FHC/ABJ/CS/517/2026, was in response to an originating summons filed by the Youth Party as plaintiff against INEC as defendant. The certified true copy of the judgment order was issued on May 21, 2026.
The ruling has potentially far-reaching implications for the conduct of the 2027 general elections, as it effectively strips INEC of the authority to impose binding timelines on political parties for internal processes that the Electoral Act vests in the parties themselves, and restores the full statutory windows provided by law for candidate nomination, substitution, and campaigning.
Justice Umar granted all seven reliefs sought by the Youth Party, making the following declarations and orders:
First, the court declared that upon a proper consideration and interpretation of Sections 29, 82, and 84(1) of the Electoral Act 2026, INEC’s powers to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe, and monitor such primaries, does not extend to fixing or prescribing the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections.
This declaration strikes at the heart of INEC’s long-standing practice of including specific dates for the conduct of party primaries in its election timetables. The court’s position is that while the Electoral Act empowers INEC to receive notice of primaries and to observe them, it does not grant the commission the power to dictate when political parties must hold their primaries. The timing of primaries, the court effectively held, is a matter for the political parties themselves to determine — subject only to the statutory deadlines for the submission of candidates’ personal particulars.
Second, the court declared that having regard to Section 29(1) of the Electoral Act 2026, which requires political parties to submit the personal particulars of their candidates not later than 120 days before an election, INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.
This declaration addresses the specific concern that INEC’s revised timetable may have set an earlier deadline for the submission of candidates’ details than the 120-day window provided by the Act. The court held that the 120-day period is a statutory entitlement of political parties, and INEC cannot unilaterally compress it by imposing an earlier deadline in its administrative timetable.
Third, the court declared that having regard to Section 31 of the Electoral Act 2026, which permits political parties to withdraw and substitute candidates not later than 90 days before the conduct of an election, INEC cannot lawfully abridge or limit that statutory period by fixing an earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.
The 90-day substitution window is a critical provision that allows political parties to replace candidates who withdraw, die, or are disqualified after the primaries. By declaring that INEC cannot compress this window, the court has ensured that parties retain the full statutory period to manage candidate changes — a particularly significant ruling given the volume of post-primary disputes, legal challenges, and candidate substitutions that typically occur in Nigerian elections.
Fourth, the court declared that having regard to Section 32 of the Electoral Act 2026, INEC does not possess the statutory power to publish the final list of candidates for the 2027 general election before the 60-day minimum period prescribed by law.
This declaration addresses the timing of INEC’s publication of the final candidate list — a document that has historically been the subject of intense scrutiny and legal challenges. The court held that the Act prescribes a minimum 60-day period before the election for the publication of the final list, and INEC cannot publish the list earlier than the statute contemplates.
Fifth, the court declared that upon a proper construction of Section 98 of the Electoral Act 2026, INEC does not possess the statutory authority to fix in its timetable for the 2027 general elections a requirement that campaigning must end two days before the elections.
This declaration relates to the campaign period and specifically challenges INEC’s practice of setting a campaign end date that is earlier than what the Electoral Act prescribes. The implication is that political parties and candidates are entitled to campaign up to the point permitted by the statute, and INEC cannot impose an administrative curtailment of that right through its timetable.
Sixth, in an additional declaration that went beyond the specific reliefs originally sought, the court declared that upon a proper interpretation of Section 33 of the Electoral Act 2026, the timeframe prescribed by INEC for submission of membership registers for the conduct of primary elections is not applicable to primary elections conducted for the purpose of replacing withdrawn candidates.
This declaration addresses a practical issue that arises when parties need to conduct fresh primaries to replace candidates who have withdrawn or been substituted. The court held that the membership register submission requirements that apply to initial primaries do not apply to replacement primaries — a ruling that removes a potential procedural obstacle to the exercise of the 90-day substitution right.
Seventh, the court granted an order setting aside or nullifying the time-frames imposed by INEC in its Revised Timetable and Schedule of Activities for the 2027 General Elections that are inconsistent with the provisions of the Electoral Act 2026. The nullified time-frames relate to the conduct of primary elections by political parties, the submission of personal particulars of candidates, the withdrawal and replacement of candidates, the publication of the final list of candidates, and campaigning for the 2027 general elections.
The judgment is grounded in the interpretation of multiple provisions of the Electoral Act 2026 — the latest iteration of Nigeria’s electoral legislation, which replaced the Electoral Act 2022.
Section 29 of the Act deals with the submission of candidates’ names and personal particulars to INEC, establishing the 120-day pre-election deadline. Section 31 addresses the withdrawal and substitution of candidates, providing the 90-day window. Section 32 governs the publication of the final list of candidates, prescribing the 60-day minimum period. Section 82 deals with INEC’s powers in relation to the monitoring and observation of party primaries. Section 84(1) addresses the conduct of primaries by political parties. Section 98 relates to the campaign period. Section 33 addresses membership register requirements for primaries.