Alex Enumah in Abuja
Justice James Omotosho of a Federal High Court in Abuja, has ordered the Independent National Electoral Commission (INEC) to amend its revised time-table for the conduct of the 2027 general elections, in compliance with the provisions of the Electoral Act 2026.
Omotosho issued the order on Tuesday while delivering judgment in the suit brought against the commission by the Social Democratic Party (SDP).
Omotosho in the judgement held that while the constitution empowers the electoral umpire to fix a time-table for the conduct of elections, such a time-table must however be in accordance with the Electoral Act.
SDP had last month dragged INEC to court over the commission’s revised time-table that shortened the time for political parties to submit their membership register, including names of their candidates for the 2027 general elections slated for january next year.
The plaintiff in the marked: FHC/ABJ/CS/720/2026 and filed on April 9, asked to court to determine among others, “whether having regard to Sections 82 and 84(1) of the Electoral Act, 2026, the defendant’s powers to receive notices, attend, observe and monitor party primaries extend to fixing or prescribing the timetable within which political parties must conduct their primaries.”
However, delivering judgement in the matter on Tuesday, Omotosho held that INEC has the powers to issue timetable for elections and alter it as it deems fit.
Besides, the court held that the 2027 election time-table issued by INEC was valid and legally issued, as the law empowers it to state “timeframe within which political parties are to hold their primaries”, including “stating timeframe for the submission of membership registers of political parties.”
The court however, declared that INEC cannot in the process of fixing a time-table for election abridge the timeframe for parties to submit the names of their candidates for the 2027 general elections.
The court further held that the commission cannot also abridge the timeframe for parties to substitute candidates in the forthcoming general elections.
The court specifically faulted the action of the commission in respect of Sections 29 and 31 of the Electoral Act, 2026.
While observing that INEC in the revised timetable had fixed August 22, 2026 and September 19, 2026 as the date for candidates for Presidential and National Assembly elections and Governorship and House of Assembly, Omotosho held that, “These dates are far larger than the 90 days allowed by the Electoral Act, 2026.
He said, “This means that the timetable has reduced the timeframe for parties to submit withdrawal to the defendant.
“The defendant therefore acted ultra vires its powers by reducing the time allowed by political parties to convey withdrawals and sworn affidavit to the deferidant contrary to the 90 days stipulated by the Electoral Act, 2026”.
He subsequently declared that INEC “cannot lawfully abridge or vary the 90 days period for substitution of candidates under Section 31 of the Electoral Act, 2026.
“This honourable court hereby declared 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 feast 120 days to the date of election.
“This honourable court hereby declared 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”, Omotosho held.
While declaring that INEC’s requesting for membership register of political parties and giving timeframe within which to conduct primaries is not ultra vires its powers of the defendant, Omotosho, “declared that the deadline of August 29, 2026 and September 16, 2026, fixed for political parties to submit nomination forms for candidates for Presidential and National Assembly Elections, as well as Governorship and House of Assembly Elections, is void to the extent of its Inconsistencies with the clear provisions of Section 29(1) of the Electoral Act 2026.”
It will be recalled that the same Federal High Court, Abuja, had last week nullified the same sections of the revised time-table for being inconsistent with the provisions of the Electoral Act.
Although, INEC has approached the appellate court to challenge the decision of the trial court on the suit filed by the Youth Party.
