Court Says INEC Cannot Set Timetable for Party Primaries

A Federal High Court in Abuja has ruled that the Independent National Electoral Commission (INEC) has no constitutional or statutory authority to set the timetable for party primaries ahead of the 2027 general elections.

In a judgement delivered on Wednesday, May 20, 2026, in Suit No. FHC/ABJ/CS/517/2026 between the Youth Party and INEC, Justice M.G. Umar held that under Sections 29, 82 and 84(1) of the Electoral Act, 2026, INEC’s role is limited to receiving notices of party primaries, monitoring them, and collecting candidates’ personal particulars.

The court held that INEC cannot require political parties to hold their candidate-nomination primaries within timelines set by the commission. The decision will have significant implications for preparations for the 2027 general elections and the relationship between political parties and the electoral commission regarding internal party processes.

The judgement further emphasised that political parties are required by law to submit the names and particulars of their candidates to INEC no later than 120 days before the date fixed for the election.

The Youth Party sued the Independent National Electoral Commission (INEC), and the court ruled in its favour, holding that INEC cannot alter or shorten the timelines set by the Electoral Act, 2026.

The Court ruled that INEC may observe, monitor, and receive notices of party primaries, but it has no legal authority to set the timetable for when parties must hold them.

Under the law, parties have up to 120 days before an election to submit their candidates’ personal details. INEC cannot legally shorten this period in its timetable.

The court held that political parties may withdraw and replace candidates up to 90 days before an election and that INEC cannot impose an earlier deadline.

On membership registers, the court ruled that the specific deadlines set by INEC for submitting political party membership registers do not apply to primary elections held purely to replace a candidate who has withdrawn.

Final Candidate List: INEC cannot publish the final list of candidates earlier than the 60-day minimum period before the election prescribed by law.

On INEC’s timetable for the end of campaigns, the court ruled that INEC does not have the legal backing to force political campaigns to end exactly 2 days before the elections through its timetable.

Consequently, the court officially set aside and nullified the deadlines imposed by INEC in its revised timetable and schedule of activities for the 2027 general election.

The court found these specific timeframes to be inconsistent with the statutory provisions of the Electoral Act, 2026.

INEC had not officially responded to the judgement, but it is expected to appeal because parts of the ruling could disrupt preparations for the 2027 general elections. Under the timetable and guidelines already issued, INEC also confirmed that all registered political parties had submitted their membership registers.

Most of the parties have also released their primary election schedules, and the APC has already completed more than half of its planned primaries.

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