A Federal High Court of Nigeria sitting in Abuja has
directed the Independent National Electoral Commission (INEC) to review and
amend its timetable for the 2027 general elections after ruling that parts of
the schedule conflict with provisions of the Electoral Act 2026.
The judgment was delivered on Tuesday, May 26, by
James Omotosho in a suit filed by the Social Democratic Party (SDP).
The court acknowledged that INEC has the
constitutional authority to set and adjust election schedules but stressed that
the commission must operate strictly within timelines established by the law.
The SDP had challenged aspects of INEC’s revised
election timetable, particularly deadlines relating to the submission and
substitution of candidates by political parties.
In his ruling, Justice Omotosho held that INEC cannot
legally reduce the 90-day period provided under Section 31 of the Electoral Act
2026 for the substitution of candidates. The court also ruled that the
commission lacks the power to shorten the mandatory 120-day period allocated to
political parties for submitting candidate names ahead of elections.
As a result, the court nullified INEC’s previously
announced deadlines of August 29 and September 16, 2026, for the submission of
nomination forms for various elective offices, describing them as inconsistent
with statutory provisions.
The judge subsequently ordered INEC to revise its
election timetable to fully comply with the Electoral Act.
However, the court also affirmed that INEC retains the
authority to demand party membership registers and regulate timelines for party
primary elections as part of its constitutional responsibilities.
Following the judgment, INEC filed an appeal
challenging the ruling and also submitted a motion seeking a stay of execution
pending the outcome of the appellate process.
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