A Federal High Court in Abuja has delivered a landmark judgement affecting Nigeria’s electoral process ahead of the 2027 general elections, ruling that aspirants who lost party primaries can defect to another political party and still emerge as candidates through substitution processes.
Justice M.G Umar, who delivered the judgement, also nullified several provisions and timelines introduced by the Independent National Electoral Commission (INEC) concerning party primaries, candidate substitution, and submission of party registers.
The ruling followed a suit challenging aspects of the Electoral Act and INEC’s revised timetable for political parties.
According to the court, political parties are no longer bound by the requirement to submit their membership registers 21 days before conducting primary elections. The judge held that fresh registers can be submitted, allowing new aspirants to participate in substitution primaries.
The court further ruled that INEC lacks the power to impose dates for internal party affairs, including the conduct of party primaries, stressing that such matters remain the exclusive responsibility of political parties.
Justice Umar also struck down INEC’s revised timetable regulating the conduct of primary elections, submission of candidates’ particulars, publication of candidates, and substitution procedures.
In addition, the court nullified INEC’s decision to shorten the timeframe within which political parties can substitute candidates, insisting that the commission must comply with constitutional and statutory timelines.
The judgement also reaffirmed that INEC cannot publish the final list of candidates outside the constitutionally recognised minimum period of 60 days before an election.
Reacting to the judgement, the Leader of the APP Caucus in the House of Representatives, Ikenga Imo Ugochinyere, described the ruling as a major victory for internal party democracy and political participation ahead of the 2027 elections.
