A Federal High Court sitting in Abuja has delivered judgment in favour of the Youth Party in its suit against the Independent National Electoral Commission (INEC), declaring several provisions in the commission’s timetable for the 2027 general elections inconsistent with the Electoral Act, 2026.
The suit, instituted by the Youth Party as plaintiff against INEC as defendant, challenged the electoral body’s powers to prescribe timelines relating to party primaries, submission of candidates, withdrawal and substitution of candidates, publication of final candidates list, and campaign periods.
After hearing submissions from J. O. Olotu, Esq., counsel to the plaintiff, and Sarafa Yusuf, Esq., counsel to the defendant, the court delivered judgment in favour of the plaintiff.
In the ruling delivered by Justice M. G. Umar, the court held:
“A Declaration is hereby made that upon a proper consideration and interpretation of the provisions of Sections 29, 82 and 84(1) of the Electoral Act, 2026, the powers of the Defendant to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe and monitor such primaries, does not extend to fixing or prescribing the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates or the 2027 general elections.”
The court further ruled that INEC lacks the authority to reduce statutory timelines expressly provided under the Electoral Act.
According to the judgment: “A Declaration is made that having regards to Section 29(1) of the Electoral Act, 2026 which requires political parties to submit the personal particulars of their candidates not later than 120 days to an election, the Defendant cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”
On the issue of withdrawal and substitution of candidates, the court also declared: “A Declaration is made that having regards to Section 31 of the Electoral Act, 2026 which permits political parties to withdraw and substitute candidates not later than 90 days to the conduct of an election, the Defendant cannot lawfully abridge or limit that statutory period by fixing earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.”
Justice Umar additionally held that INEC could not publish the final list of candidates outside the period prescribed by law.
The court stated: “A Declaration is made that having regards to Section 32 of the Electoral Act, 2026, the Defendant does not possess the statutory power to publish the final list of candidates for the 2027 general election before the 60 days minimum period prescribed by law.”
The judgment also addressed campaign timelines, with the court ruling: “A Declaration is, made that upon a proper construction of Section 98 of the Electoral Act, 2026, the Defendant does not possess the statutory authority to fix in its timetable for the 2027 general elections for campaign to end 2 days before the elections.”
On the issue of membership registers for replacement primaries, the court declared: “A Declaration is made that upon a proper interpretation to Section 33 of the Electoral Act, 2026, the time frame prescribed by the Defendant for submission of membership registers for the conduct of primary elections is NOT applicable to primary elections conducted for the purpose of replacing withdrawn candidates.”
“Order is hereby granted setting aside or nullifying the time-frames imposed by the Defendant in its Revised Timetable and Schedule of Activities for 2027 General Election for the conduct of primary elections by political parties for the 2027 general elections, the submission of personal particulars of candidates by their political parties for the 2027 general elections, the withdrawal and replacement of candidates by political parties for the 2027 general elections, the publication of the final list of candidates for the 2027 general elections and campaigning for the 2027 general elections which are inconsistent with the provisions of the Electoral Act, 2026.”
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