Court annuls INEC deadline for parties’ election timetable

• It’s victory for rule of law, constitutional order, Gbenga Hashim hails

From Godwin Tsa, Abuja

The Abuja division of the Federal High Court has set aside the Revised Timetable and Schedule of Activities for 2027 General Election issued by the Independent National Electoral Commission (INEC) for being inconsistent with the provisions of the Electoral Act, 2026.

The decision was sequel to a suit marked FHC/ABJ/ CS/ 517/ 2026, filed by the Youth Party,  challenging INEC’s time-frame  for the conduct of the 2027 general elections.

By the revised time-table, all the 18 political parties are to submit their membership register to the commission by May 10, conduct primaries for the selection of candidates as well as apply for withdrawal and submit replacement of candidates for the 2027 general elections before or by end of May.

By the now nullified electoral timeframe, INEC aims to prevent people who lost in primary elections from defecting to another party and vying for the same office they earlier lost in their former party.

Although the judgment was delivered on Wednesday, a Certified True Copy (CTC), was cited yesterday by our reporter.

Reacting to the judgement, former presidential candidate, Dr. Gbenga Hashim, described it as a victory for the rule of law and constitutional order. He said he had consistently maintained that INEC must operate strictly within the confines of the law, revealing that he had earlier written an open letter to President Bola Ahmed Tinubu warning against actions capable of undermining the Electoral Act.

He specifically praised Hon. Justice M. G. Umar for what he termed a courageous and principled decision that checked administrative overreach and reaffirmed the supremacy of the Electoral Act, 2026.

“I have consistently argued that INEC must act within the confines of the Electoral Act. Unfortunately, those warnings were not heeded. This judgment has now vindicated that position.”

Hashim described the ruling as timely and necessary, saying it would protect the integrity of Nigeria’s electoral process and strengthen democratic governance.

“I commend Justice M.G. Umar for his courage and fidelity to justice. This is a sound judgment that reinforces the supremacy of the law and restores confidence in our democratic institutions,” he added.

According to reports of the judgement, the court held that INEC lacks the legal authority to fix timelines for party primaries and cannot abridge statutory provisions relating to the submission of candidates’ particulars, withdrawal and substitution of candidates, publication of final candidate lists, and campaign periods.

The court consequently set aside portions of INEC’s Revised Timetable and Schedule of Activities for the 2027 General Elections found to be inconsistent with the Electoral Act, 2026.

Hashim urged INEC to fully comply with the judgement and ensure that future electoral guidelines strictly conform with the provisions of the law.

In his judgment,  Justice Mohammed Umar, held that the time-frame “imposed” by INEC on political parties to conduct their primaries, submit, withdraw and replace names and particulars of their candidates for the 2027 general elections, “is inconsistent with the provisions of the Electoral Act, 2026”, and it is hereby set aside.

The plaintiff in the suit dated and filed on March 11, by its counsel, J. O. Olotu sought for several reliefs, including a declaration that upon a proper consideration and interpretation of the provisions of Sections 29, 82 and 84(1) of the Electoral Act, 2026, the powers of the INEC 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.

“After hearing J. O. Olotu, of counsel for the Plaintiff and Sarafa Yusuf, of counsel for the defendant”, Justice Umar held going by the provisions of 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 to an election, “INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable”.

Similarly, citing Section 31 of the Electoral Act, 2026 which permits political parties to withdraw and substitute candidates not later than 90 days to the conduct of an election, the court held that INEC lacks the powers to abridge or limit that statutory period by fixing earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.

Justice Umar in addition held that by provisions of 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 days minimum period prescribed by law.

“A Declaration is made that upon the proper construction of Section 98 of the Electoral Act, 2026, the defendant does not possess the statutory authority to fix in its timetable for the 2027 general elections for campaign to end 2 days before the elections.

“A Declaration is made that upon the proper interpretation to Section 33 of the Electoral Act, 2026, the time frame prescribed by the Defendant 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”.

Justice Umar subsequently made an order, “setting aside or nullifying the time-frames imposed by the defendant in its Revised Timetable and Schedule of Activities for 2027 General Election for the conduct of primary elections by political parties for the 2027 general elections, the submission of personal particulars of candidates by their political parties for the 2027 general elections, the withdrawal and replacement of candidates by political parties for the 2027 general elections, the publication of the final list of candidates for the 2027 general elections and campaigning for the 2027 general elections which is inconsistent with the provisions of the Electoral Act, 2026”.