Court Orders Nigeria's INEC to Amend 2027 Election Timetable to Comply with Electoral Act

A Federal High Court in Abuja has directed Nigeria's electoral body, the Independent National Electoral Commission (INEC), to revise its timetable for the 2027 general elections. Justice James Omotosho ruled that INEC must ensure its schedule aligns with the Electoral Act 2026, particularly concerning the deadlines for political parties to submit their candidate lists.

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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 order came after the Social Democratic Party (SDP) sued INEC, challenging the commission's revised timetable. The SDP argued that the new schedule significantly reduced the time available for parties to submit their membership registers and candidate names for the elections slated for January 2027.

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These dates are far larger than the 90 days allowed by the Electoral Act, 2026.

The court affirmed INEC's authority to set and alter election timetables but stressed that these actions must adhere to the Electoral Act. Specifically, the judge found that INEC had acted beyond its powers by shortening the 90-day period stipulated by the Act for parties to substitute candidates. The court also noted that the dates set by INEC for candidate submissions for presidential and national assembly elections, and governorship and house of assembly elections, exceeded the legally allowed timeframe, thereby reducing the period for candidate withdrawals.

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This means that the timetable has reduced the timeframe for parties to submit withdrawal to the defendant.

This ruling underscores the importance of legal compliance in electoral processes, ensuring that electoral bodies operate within the boundaries set by law and provide adequate timeframes for political participation.

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The defendant therefore acted ultra vires its powers by reducing the time allowed by political parties to convey withdrawals and sworn affidavit to the deferidant contrary to the 90 days stipulated by the Electoral Act, 2026.