JUST IN: Court upholds INEC’s authority to fix election timetable

A Federal High Court in Abuja has affirmed the powers of the Independent National Electoral Commission (INEC) to issue and amend election timetables for the conduct of elections in Nigeria.

Justice James Omotosho delivered the judgment on Tuesday in a suit filed by the Social Democratic Party (SDP), which challenged aspects of INEC’s timetable and schedule of activities for the 2027 general election.

The SDP questioned whether INEC’s powers under the Electoral Act, 2026, extended to fixing timelines for political parties to conduct primaries and submit membership registers.

In its defence, INEC argued that its responsibilities include organising elections and issuing timetables to ensure compliance with electoral laws.

Justice Omotosho held that INEC was empowered under Section 151 of the Electoral Act, 2026, to issue subsidiary regulations, including election timetables, to give effect to the provisions of the law.

The judge described the election timetable as a chain of activities covering submission of membership registers, conduct of primaries, nomination of candidates and the eventual election, adding that without such a framework the electoral system would descend into chaos.

However, the court ruled that INEC acted beyond its powers by reducing the statutory period allowed for political parties to submit notices of candidate withdrawals and substitutions, and ordered the commission to amend aspects of the 2027 timetable to comply with the Electoral Act.