Court affirms INEC’s power to fix election timetable

The Federal High Court in Abuja has upheld the Independent National Electoral Commission's (INEC) authority to establish and modify election timetables. This decision came in response to a lawsuit filed by the Social Democratic Party (SDP), which questioned INEC's power to dictate timelines for party primaries.

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INEC was constitutionally empowered to issue election timetables and schedules of activities for elections.

Justice James Omotosho, delivering the judgment, affirmed that INEC is constitutionally empowered to issue election timetables. However, the court stressed that this power must be exercised strictly within the boundaries set by the Electoral Act, 2026. The SDP's suit had specifically challenged whether INEC's powers extended to fixing the timetable for party primaries, seeking to restrain the commission from enforcing timelines allegedly inconsistent with the Electoral Act.

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while the commission possesses such powers, it must exercise them strictly within the timelines prescribed by the Electoral Act, 2026.

INEC had argued that its mandate included organizing and supervising elections, which encompasses issuing timetables to ensure compliance with the Electoral Act. The commission maintained that its revised timetable did not conflict with the Constitution or the Act, deeming the suit premature. The court agreed that election timetables are crucial for maintaining order and ensuring proper arrangement of activities leading up to elections, including the submission of party membership registers and the primaries themselves.

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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.