Electoral Act, Unlawful Restrictions, and Reasons Why Court Voided INEC’s Timelines on Party Primaries and Nomination of Candidates

INTRO: Ahead of the 2027 general elections, political parties secured a major relief after the Federal High Court in Abuja invalidated INEC’s timelines for party primaries and candidate nominations. Justice Mohammed Umar ruled that the commission’s deadlines were “inconsistent with the provisions of the Electoral Act, 2026.” Here are five key reasons why Court voided INEC’s timelines on party primaries and nomination of candidates.

1. INEC Overstepped Its Statutory Powers Under the Electoral Act: The core of the reasons why Court voided INEC’s timelines on party primaries and nomination of candidates is the commission’s lack of authority to set its own deadlines. Justice Umar held that “the powers of the INEC to receive notice of party primaries and the personal particulars of candidates… does not extend to fixing or prescribing the time-table within which political parties may conduct their primary elections.” The court found that INEC had unlawfully abridged the statutory periods prescribed by law.

2. Violation of the 120-Day Deadline for Candidate Submissions: A central of the reasons why Court voided INEC’s timelines on party primaries and nomination of candidates is Section 29(1) of the Electoral Act, 2026. The section requires parties to submit candidates’ personal particulars “not later than 120 days to an election.” Justice Umar declared that “INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter time-frame in its 2027 election timetable.” INEC’s May 10 deadline for submitting party registers and candidate details was therefore set aside.

3. Infringement on the 90-Day Period for Candidate Withdrawal and Substitution: The court also cited Section 31 of the Electoral Act, 2026, as one of the reasons why Court voided INEC’s timelines on party primaries and nomination of candidates. That section permits parties to “withdraw and substitute candidates not later than 90 days to the conduct of an election.” Justice Umar ruled that INEC “lacks powers to abridge or limit that statutory period by fixing an earlier deadline for withdrawal and replacement of candidates.”

4. Premature Publication of the Final Candidate List: Another of the reasons why Court voided INEC’s timelines on party primaries and nomination of candidates is the timing of the final list. Section 32 of the Electoral Act, 2026, prescribes a minimum 60-day period before the election for publishing the final list of candidates. The court held that “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.”

5. Unlawful Restriction on Campaign End Date and Membership Registers: The judgment further voided INEC’s campaign timetable and membership register rules. The court declared that INEC “does not possess the statutory authority to fix in its time-table for the 2027 general elections for campaign to end two days before the elections,” under Section 98 of the Act. It also ruled that the timeframe for submitting membership registers “is NOT applicable to primary elections conducted for the purpose of replacing withdrawn candidates,” per Section 33. The court ultimately 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” that conflict with the law.

Conclusion

The Coalition of United Political Parties, CUPP, hailed the decision as “progressive and constitutionally compliant,” urging INEC to “immediately obey this ruling and adjust its timetable accordingly.” Acting Chairman Peter Ameh warned that an appeal would “create unnecessary uncertainty, erode public confidence and undermine the credibility of the 2027 general elections.” Former presidential candidate Gbenga Hashim said the judgment “has now vindicated” his earlier warnings that “INEC must act within the confines of the Electoral Act.”

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