INEC Warns Parties: Primaries Held After May 30 Deadline Remain Invalid Pending Court Appeal

The Independent National Electoral Commission (INEC) has cautioned political parties that any primary election conducted after its May 30, 2026 deadline remains invalid unless a higher court overturns an earlier Federal High Court judgment challenging aspects of the commission's electoral timetable.

INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, made the clarification during an interview with journalists, urging political parties to continue complying with the provisions of the Electoral Act 2026 while the commission's appeal is being considered by the Court of Appeal.

According to Haruna, the commission's position remains unchanged pending the outcome of the legal proceedings.

He explained that any primary election conducted outside the May 30 deadline could be deemed invalid unless the Court of Appeal reverses the Federal High Court ruling which questioned certain provisions of INEC's timetable.

The controversy stems from a judgment delivered by Justice Mohammed Umar of the Federal High Court in Abuja in a suit filed by the Youth Party against INEC. In the case marked FHC/ABJ/CS/517/2026, the court nullified aspects of the commission's electoral guidelines for the 2027 general elections.

Justice Umar ruled that INEC lacked the authority to shorten timelines already provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership registers and candidates' particulars. The court held that the commission acted beyond its statutory powers by altering timelines established by law.

Following the judgment, INEC filed an appeal and sought a stay of execution, maintaining that its timetable was issued in accordance with its constitutional responsibilities and powers under the Electoral Act.

Before the court ruling, the commission had approved April 23 to May 30, 2026, as the official period for political parties to conduct their primaries ahead of the 2027 general elections.

Interestingly, less than 24 hours after INEC filed its appeal, another Federal High Court judge, Justice James Omotosho, delivered a separate judgment affirming the commission's authority to issue and adjust election timetables.

In Suit No. FHC/ABJ/CS/720/2026, filed by the Social Democratic Party, Justice Omotosho held that INEC possesses constitutional powers to determine election schedules and timelines. However, he emphasized that such powers must be exercised within the framework and limits established by the Electoral Act 2026.

Meanwhile, the African Democratic Congress (ADC) has ordered rerun primary elections in several constituencies across Kaduna State following complaints and petitions from aggrieved aspirants.

Chairman of the party's primary election appeals committee, Dr. Muhammed Fagge, said investigations uncovered irregularities, procedural violations, and instances of alleged fraud in some of the primaries.

As a result, the committee declared several contests inconclusive and directed fresh elections in affected constituencies where irregularities were deemed substantial.

Among the affected areas are Ikara/Kubau Federal Constituency and Kaduna South Federal Constituency, where the committee cited the omission of qualified aspirants from ballot papers and insufficient evidence that elections were properly conducted across all wards.

Fagge said rerun elections would also take place in several other constituencies, including Kaura, Soba, Kajuru, Birnin Gwari, Kudan/Makarfi, Chikun/Kajuru, Kagarko, Igabi, Zaria, and Kawo.

The committee further ruled that any attempt to adopt a consensus or affirmation process in the Kaduna North Senatorial District would only be valid if all aspirants involved gave their consent.

The latest warning from INEC highlights the legal uncertainty surrounding party primaries and underscores the risks political parties face if they conduct nomination exercises outside the commission's established deadline while the appeal process remains unresolved.