A Federal High Court in Abuja on Wednesday ruled that political parties have up to 120 days before an election to submit the particulars of candidates, contrary to the guidelines of the Independent National Electoral Commission (INEC), which fixed party primary elections between 23 April and 30 May 2026.
INEC had fixed February and March 2027 for the next general elections. According to the court ruling, parties have until October 2026 to submit the names of their candidates.
In nullifying key portions of the timetable and schedule of activities released by INEC for the 2027 general elections, Justice M. G. Umar pronounced that the electoral body exceeded its powers by shortening timelines expressly provided under the Electoral Act, 2026.
The judge held that Section 29(1) of the Electoral Act requires political parties to submit the particulars of candidates not later than 120 days before an election, stressing that INEC could not lawfully reduce that period through its timetable.
In a Certified True Copy obtained by The PUNCH on Thursday, Justice Umar, who delivered the judgement in a suit filed by the Youth Party against INEC, held that the commission could not lawfully abridge statutory timelines relating to party primaries, submission of candidates’ particulars, withdrawal and replacement of candidates, publication of final candidates’ lists, and campaign periods.
The suit challenged aspects of INEC’s revised timetable for the 2027 elections announced earlier this year.
According to the INEC timetable, revised on 27 March 2026, political parties were directed to hold their primary elections between 23 April and 30 May 2026, ahead of the general elections in February and March 2027.
The commission had also set deadlines for the submission of candidates’ particulars, the replacement of candidates, the publication of final lists, and the end of campaigns, all before the statutory periods provided in the Electoral Act.
According to the commission, the final deadline for submitting political parties’ registers of members was extended to 10 May 2026.
However, the court held that those deadlines were inconsistent with the law.
Justice Umar ruled that, while INEC has the power to monitor party primaries and receive notices from political parties, it does not have the authority to prescribe timelines beyond those stipulated by the Electoral Act.
The judge held that Section 29(1) of the Electoral Act requires political parties to submit the particulars of candidates not later than 120 days before an election, stressing that INEC could not lawfully reduce that period through its timetable.
The court further ruled that under Section 31 of the Act, political parties are entitled to withdraw and replace candidates up to 90 days before an election, adding that the commission lacked powers to impose an earlier deadline.
Justice Umar also declared unlawful INEC’s decision to publish final candidates’ lists earlier than the minimum 60-day period prescribed under the law.
On campaigns, the judge held that the commission could not direct political parties to end campaigns two days before the elections, as the Electoral Act already provided for campaign periods.
The court also held that timelines set by INEC for the submission of membership registers for party primaries do not apply when parties are conducting fresh primaries 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.
The judge declared that the timelines imposed by the electoral body were ‘inconsistent with the provisions of the Electoral Act, 2026’.
The Youth Party had argued that INEC, through the revised timetable, unlawfully attempted to curtail statutory rights granted to political parties under the Electoral Act.
Counsel for the plaintiff, J. O. Olotu, urged the court to void the disputed provisions of the timetable, while INEC’s lawyer, Sarafa Yusuf, asked the court to dismiss the suit.
