Court nullifies INEC 2027 election timetable, ruling parts of the revised schedule conflict with the Electoral Act, 2026

The Abuja Division of the Federal High Court has set aside portions of the Independent National Electoral Commission’s revised timetable and schedule of activities for the 2027 general elections, ruling that parts of the framework are inconsistent with the Electoral Act, 2026.

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Justice Mohammed Umar delivered the landmark judgment in suit number FHC/ABJ/CS/517/2026 filed by the Youth Party, which challenged INEC’s prescribed timeframe for political party primaries and other pre-election activities.

The court held that INEC lacked the statutory authority to impose timelines that abridged provisions already guaranteed under the Electoral Act, 2026.

Under the now-nullified timetable, political parties were directed to submit membership registers by May 10 and conclude primaries, candidate withdrawals and substitutions before the end of May.

INEC had reportedly designed the revised schedule to discourage politicians who lost party primaries from defecting to other parties to contest for the same offices.

In the judgment, Justice Mohammed Umar ruled that the timelines imposed by INEC for party primaries, submission of candidates’ particulars, withdrawals, replacements and campaign periods were unlawful where they conflicted with statutory provisions.

The court declared that Section 29(1) of the Electoral Act, 2026, which requires political parties to submit candidates’ particulars not later than 120 days before an election, could not be shortened by administrative guidelines issued by INEC.

Justice Mohammed Umar further held that Section 31 of the Act permits withdrawal and substitution of candidates up to 90 days before an election, adding that INEC had no power to reduce that period through its timetable.

The court also ruled that the electoral commission could not publish the final list of candidates earlier than the 60-day minimum period prescribed under Section 32 of the Electoral Act.

In another key aspect of the decision, the court held that INEC lacked the authority under Section 98 of the Electoral Act to fix campaign termination two days before elections.

Justice Mohammed Umar subsequently nullified all sections of the revised timetable found to be inconsistent with the Electoral Act, 2026.

The plaintiff, represented by counsel J. O. Olotu, had sought several declaratory reliefs asking the court to determine whether INEC possessed the powers to prescribe timelines for party primaries and related electoral activities.

Counsel to INEC, Sarafa Yusuf, opposed the suit during proceedings.

Reacting to the judgment, former presidential candidate Dr Gbenga Hashim described the ruling as a victory for constitutional order and the rule of law.

Dr Gbenga Hashim said he had consistently warned that INEC must operate strictly within the provisions of the Electoral Act and disclosed that he previously wrote an open letter to President Bola Ahmed Tinubu cautioning against actions capable of undermining electoral laws.

The former presidential candidate praised Justice Mohammed Umar for what he described as a courageous and principled judgment that checked administrative overreach.

“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,” Dr Gbenga Hashim said.

He added that the ruling would strengthen democratic governance and protect the integrity of Nigeria’s electoral process ahead of the 2027 general elections.

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Dr Gbenga Hashim also urged INEC to fully comply with the judgment and ensure that future electoral guidelines strictly align with the provisions of the law.