RismadarVoice Reporters
May 26, 2026
The Federal High Court in Abuja on Tuesday affirmed that the Independent National Electoral Commission (INEC) has the constitutional and statutory authority to issue and adjust election timetables for political activities ahead of elections.
Delivering judgment in a suit marked FHC/ABJ/CS/720/2026 filed by the Social Democratic Party (SDP), Justice James Omotosho held that INEC is empowered under the Electoral Act, 2026, to issue subsidiary legislation such as election timetables to guide electoral processes.
The court ruled that election timetables are essential administrative instruments that ensure orderliness in the electoral process, covering activities such as submission of party membership registers, conduct of party primaries, nomination of candidates, and eventual voting.
Justice Omotosho noted that without such structured timelines, the electoral process would become chaotic and unmanageable.
He, however, held that while INEC has the power to issue and adjust election timetables, such powers must be exercised in strict compliance with the provisions of the Electoral Act.
The judge specifically faulted aspects of the 2027 election timetable issued by INEC, particularly provisions that abridge statutory timelines for candidate substitution and nomination processes.
He held that INEC acted outside its powers by reducing the 90 days allowed for political parties to process candidate withdrawals and substitutions, as provided under Section 31 of the Electoral Act, 2026.
Justice Omotosho also declared that INEC cannot lawfully vary or shorten the 120-day timeframe stipulated under Section 29(1) of the Electoral Act for the submission of candidates’ lists by political parties.
According to the court, while INEC is empowered to set deadlines for electoral activities, such timelines must not contradict or override express provisions of the law.
The court consequently ordered INEC to amend its 2027 election timetable and schedule of activities to ensure full compliance with Sections 29(1) and 31 of the Electoral Act, 2026.
Justice Omotosho further held that INEC’s request for political party membership registers and its regulation of party primaries fall within its lawful mandate.
He also dismissed INEC’s objection that the suit was statute-barred, holding that the action was properly instituted within time.
The court concluded that while INEC retains broad powers to manage electoral timelines, those powers must operate within the strict confines of the Constitution and the Electoral Act to preserve electoral fairness and legal compliance.
