The Federal High Court sitting in Abuja has nullified guidelines by the Independent National Electoral Commission (INEC) mandating political parties to submit a register and database of all members on May 10 to be eligible to contest for the 2027 general elections.
Justice Mohammed Umar made the order while ruling in a suit marked, FHC/ABJ/CS/517/2026 filed by the Youth Party challenging several provisions in INEC’s timetable relating to party primaries, submission of candidates, replacement of candidates and campaign timelines for the 2027 elections.
The decision of the judge was handed down after hearing the submissions of plaintiff’s counsel, J.O Olotu and that of the defendant, Sarafa Yusuf.
In the ruling delivered on Wednesday, May 20, 2026 and a Certified True Copy (CTC) made available to our correspondent on Thursday, May 21, the court held that, “an order is hereby granted setting aside or nullifying the time-frames imposed by the defendant (INEC) in its Revised Timetable and Schedule of Activities for 2027 General Election for the conduct of primary elections by political parties for the 2027 general elections, the submission of personal particulars of candidates by their political parties for the 2027 general elections, the withdrawal and replacement of candidates by political parties for the 2027 general elections, the publication of the final list of candidates for the 2027 general elections and campaigning for the 2027 general elections which are inconsistent with the provisions of the Electoral Act, 2026”.
Justice Umar ruled that INEC cannot lawfully abridge statutory timelines expressly provided under the Electoral Act 2026.
The court declared that Section 29(1) of the Electoral Act permits political parties to submit the personal particulars of their candidates not later than 120 days before an election, adding that INEC lacked the authority to impose a shorter deadline in its election timetable.
The judge further held that the commission could not shorten the 90-day period allowed under Section 31 of the Act for withdrawal and substitution of candidates.
The court also ruled that INEC does not possess the statutory authority to publish the final list of candidates earlier than the 60-day minimum period stipulated by law, holding that the commission lacked powers under Section 98 of the Electoral Act to impose such a timeline.
In another declaration, the court held that the timeframe prescribed by INEC for submission of membership registers for party primaries does not apply to primaries conducted to replace withdrawn candidates.
Consequently, the court set aside the affected portions of INEC’s revised timetable and schedule of activities for the 2027 general elections, describing them as inconsistent with the provisions of the Electoral Act 2026.
According to the court, “A declaration is hereby made that upon a proper consideration and interpretation of the provisions of Sections 29, 82 and 84(1) of the Electoral Act, 2026, the powers of the defendant to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe and monitor such primaries, does not extend to fixing or prescribing the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections.
“A Declaration is made that having regards to Section 29(1) of the Electoral Act, 2026 which requires political parties to submit the personal particulars of their candidates not later than 120 days to an election, the defendant cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.
“A Declaration is made that, having regards to Section 31 of the Electoral Act, 2026 which permits political parties to withdraw and substitute candidates not later than 90 days to the conduct of an election, the defendant cannot lawfully abridge or limit that statutory period by fixing earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.
“A Declaration is made that having regards to Section 32 of the Electoral Act, 2026, the defendant 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.
“A Declaration is, made that upon a proper construction of Section 98 of the Electoral Act, 2026, the defendant does not possess the statutory authority to fix in its timetable for the 2027 general elections for campaign to end 2 days before the elections.
“A Declaration is made that upon a proper interpretation to Section 33 of the Electoral Act, 2026, the time frame prescribed by the defendant for submission of membership registers for the conduct of primary elections is not applicable to primary elections conducted for the purpose of replacing withdrawn candidates”, the court held.
INEC had scheduled the presidential and National Assembly elections for January 16, 2027, while governorship and state Houses of Assembly elections are slated for February 6, 2027.
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