The Independent National Electoral Commission (INEC) faces mounting legal pressure over its 2027 election timeline, as a Federal High Court in Abuja issued a new ruling on Tuesday, ordering the commission to revise aspects of its timetable. This decision comes just one day after INEC appealed a separate judgment that voided its guidelines on party registers and election procedures.
Court Affirms INEC's Authority but Voids Key Deadlines
Justice James Omotosho delivered the judgment in a suit filed by the Social Democratic Party (SDP), which challenged INEC's timetable and schedule of activities for the 2027 general elections. The court upheld INEC's constitutional and statutory powers to issue and adjust election timetables, but emphasized that these powers are not absolute and must strictly comply with the Electoral Act 2026.
The judge specifically faulted portions of the timetable that shortened the statutory period for political parties to submit and substitute candidates. Justice Omotosho declared that INEC cannot lawfully reduce the 120-day window provided under Section 29(1) of the Electoral Act for parties to submit candidate particulars, nor alter the 90-day period under Section 31 for candidate substitutions. Consequently, the court voided the deadlines of August 29, 2026, and September 16, 2026, for submission of nomination forms for presidential, National Assembly, governorship, and House of Assembly candidates, ruling them inconsistent with the law.
However, the court upheld INEC's authority to request membership registers from political parties and set timelines for party primaries, as these actions fall within its statutory responsibilities.
INEC Appeals Earlier Verdict
The ruling comes less than 24 hours after INEC approached the Court of Appeal in Abuja to challenge a May 20 judgment that also nullified aspects of its 2027 election timetable. That earlier case was filed by the Youth Party. INEC, represented by Dr. Alex Izinyon, had urged the court to dismiss the SDP suit, arguing that the commission acted within its powers and that the matter was time-barred. Justice Omotosho rejected this objection, holding that the suit was competent because it arose from an INEC press statement issued on March 27.
Legal Experts Weigh In
Legal practitioner Monday Ubani noted that administrative guidelines issued by INEC cannot override provisions of the Electoral Act. He emphasized that subsidiary legislation must remain subordinate to the principal enactment. “A subsidiary legislation should not be superior to the superior enactment that actually gave birth to it,” Ubani stated. He pointed to Section 29 of the Electoral Act as central to the controversy, arguing that INEC's guideline imposing a May 10 deadline for party registers may have effectively reduced rights already granted to political actors under existing law.
Former National Vice Chairman of the Peoples Democratic Party (PDP) South-West, Eddy Olafeso, and former House of Representatives member Bernard Mikko insisted that INEC cannot proceed with aspects of the schedule already nullified by the court. Olafeso stressed that the judgment remains binding until set aside by a higher court, and that the mere filing of an appeal does not invalidate the decision. Mikko accused INEC of abandoning its neutral role and behaving like an interested political actor. He questioned why the commission was vigorously contesting a judgment that merely interpreted the limits of its authority under the law.
YIAGA Africa Calls for Urgent Release of Guidelines
Meanwhile, YIAGA Africa has called on INEC to urgently release the Regulations and Guidelines for the conduct of elections under the new Electoral Act 2026, particularly with the Ekiti and Osun governorship elections approaching. Executive Director Samson Itodo expressed concern that with just 25 days to the Ekiti governorship election, the crucial document is yet to be released. These guidelines will provide detailed procedures for implementing key provisions of the new law, including electronic transmission of results, communication failure protocols, results collation procedures, and other operational issues critical to election day administration. Itodo emphasized that timely issuance is essential for building public confidence in the electoral process.
