Court Orders INEC To Review 2027 Polls Timetable. The Federal High Court ruled that despite INEC having the power to alter and issue election dates,such orders must strictly comply with the Electoral Act 2026.
KaNo —
The Federal High Court in Abuja,on Tuesday ,has ordered INEC to amend the 2027 elections timetable in accordance with the Electoral Act 2026.
The court has also affirmed the powers of the Independent National Electoral Commission to issue and alter election timetables for the conduct of elections but held that although the commission is empowered to perform these functions, such powers must be exercised strictly in line with the timelines prescribed by Sections 29(1) and 31 of the Electoral Act, 2026.
The judgment comes as the electoral body appeals an earlier judgment nullifying parts of its revised guidelines for the 2027 general elections.
Justice James Omotosho, while delivering judgment on Tuesday in a suit filed by the Social Democratic Party in Suit No: FHC/ABJ/CS/720/2026, held that INEC is constitutionally empowered to issue election timetables and schedules of activities for elections.
Court Orders INEC To Review 2027 Polls Timetable
The SDP had, in another filed on April 9, raised five questions for determination, including “whether having regard to Sections 82 and 84(1) of the Electoral Act, 2026, the defendant’s powers to receive notices, attend, observe and monitor party primaries extend to fixing or prescribing the timetable within which political parties must conduct their primaries.
”The party sought seven reliefs, among them an order restraining INEC from enforcing timelines allegedly inconsistent with the Electoral Act, 2026″
The plaintiff also prayed the court to declare that “the defendant cannot lawfully abridge or vary the 120-day statutory period in section 29(1) of the Electoral Act, 2026 by its timetable or press release dated 27th March, 2026.
”In its defence, INEC argued that its powers extended beyond receiving notices and monitoring party primaries to include organising and supervising elections, as well as issuing election timetables to ensure compliance with the Electoral Act.
Court Orders INEC To Review 2027 Polls Timetable
The commission maintained that its revised timetable did not conflict with the Constitution or the Electoral Act and insisted that the suit was premature and academic.
Delivering judgment, Justice Omotosho held that although subsidiary legislation must not conflict with the principal legislation, INEC was empowered under Section 151 of the Electoral Act, 2026, to issue subsidiary regulations, including election timetables.
“The issuance of a timetable is to give effect to the Electoral Act, especially with all its various timelines. The nature of the timetable ensures order and proper arrangement in the activities of political parties in the lead-up to elections” the court stated
” Election timetable is a chain of events or actions starting from the timeframe for the submission of the membership register of political parties to be used for the purpose of the primaries and the election, the timeframe for primaries, and eventually leading to the real voting” the court ruled
Court Orders INEC To Review 2027 Polls Timetable
“Election timetable is not only the date for voting but preparatory steps – which are conditional to a valid election and nominations must be included in the election timetable,” the court added
Justice Omotosho further declared that, “Election Timetable without date for submission of parties’ membership register, timeframe for primaries, etc., is inchoate.
“Without this timetable, there would be chaos in our electoral system. This court is therefore convinced that the defendant is empowered by the Electoral Act to issue timetables for elections,”the court said
“To further buttress this, the Constitution of the Federal Republic of Nigeria, which is the groundnorm of all laws in Nigeria, alluded to this under Section 285(14) of the Constitution (as amended) the court” held On the issue of withdrawal and substitution of candidates, Justice Omotosho held that Section 31 of the Electoral Act, 2026, gives political parties up to 90 days before an election to submit notices of withdrawal and supporting affidavits to INEC.
Court Orders INEC To Review 2027 Polls Timetable
According to him, INEC’s revisejd timetable fixed August 22, 2026 and September 19, 2026, for presidential, National Assembly, governorship and House of Assembly candidates, thereby shortening the period allowed under the law.
“The defendant therefore acted ultra vires its powers by reducing the time allowed by political parties to convey withdrawals and sworn affidavits to the defendant contrary to the 90 days stipulated by the Electoral Act, 2026. In the final analysis, the defendant is empowered by law to issue a timetable for elections, but it must do so in compliance with the time frames in the Electoral Act 2026Therefore, the claims of the plaintiff (SDP) succeed in part,” the judge said.
Justice Omotosho consequently declared that the suit was not statute-barred, holding that the March 27 press statement by INEC gave rise to the cause of action filed on April 9.
The court further declared that INEC is empowered by the Constitution and the Electoral Act to issue and alter election timetables.
Court Orders INEC To Review 2027 Polls Timetable
“This honourable court hereby declared that the defendant is also empowered to alter the timetable for the ultimate aim of giving effect to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act” the court ruled
“This honourable court hereby declared that the defendant cannot lawfully abridge or vary the 90-day period for substitution of candidates under Section 31 of the Electoral Act, 2026.”the court stated
“This honourable court hereby declared that the defendant cannot abridge the time stipulated in Section 29(1) of the Electoral Act, 2026, given to political parties to submit the names of their candidates at least 120 days before the date of the election,” the court held.
Justice Omotosho further stated that, “This honourable court hereby declared that the defendant is hereby ordered to amend the Election Timetable 2027 and Schedule of Activities in compliance with Sections 29(1) and 31 of the Electoral Act, 2026.
Court Orders INEC To Review 2027 Polls Timetable
“This honourable court hereby declared that the defendant requesting the membership register of political parties and giving a timeframe within which to conduct primaries is not ultra vires the powers of the defendant”the judge declared
The court also declared void the deadlines fixed by INEC for the submission of nomination forms to the extent of its inconsistencies with the clear provisions of Section 29(1) of the Electoral Act 2026.
