Court Affirms INEC’s Power To Fix Election Timetable

A Federal High Court in Abuja affirmed INEC’s authority to issue and alter election timetables but ruled the commission cannot shorten statutory deadlines protected under the Electoral Act, 2026.

The Federal High Court in Abuja has affirmed that the Independent National Electoral Commission possesses the constitutional authority to issue and alter election timetables for the conduct of elections, provided such actions comply with the timelines stipulated in the Electoral Act, 2026.

Justice James Omotosho delivered the ruling on Tuesday in a suit filed by the Social Democratic Party challenging aspects of INEC’s revised timetable for the 2027 general elections.

The SDP argued that INEC exceeded its powers by allegedly shortening statutory timelines for political party activities, including candidate substitution and submission of nomination documents.

Delivering judgment, Justice Omotosho held that INEC is empowered under Section 151 of the Electoral Act, 2026 to issue subsidiary regulations, including election timetables and schedules of activities necessary for orderly elections.

The court stated that election timetables cover not only voting dates but also preparatory activities such as party primaries, submission of membership registers and nomination processes.

However, the judge ruled that while INEC can alter election schedules, it cannot lawfully abridge timelines specifically protected under the Electoral Act.

According to the judgment, INEC acted beyond its powers by reducing the 90-day statutory period allowed for withdrawal and substitution of candidates under Section 31 of the Electoral Act, 2026.

The court also held that the commission cannot shorten the 120-day period granted to political parties for submission of candidates’ names before elections under Section 29(1) of the Act.

Justice Omotosho consequently ordered INEC to amend its 2027 election timetable and schedule of activities to comply fully with the Electoral Act, 2026.

The ruling comes days after Justice Muhammed Umar, in a separate suit filed by the Youth Party, nullified parts of INEC’s revised timetable on similar grounds.

INEC has since appealed that earlier judgment at the Court of Appeal, arguing that the lower court failed to properly determine its objections and denied the commission fair hearing.