ENUGU, Nigeria (VOICE OF NAIJA)- The Federal High Court in Abuja has affirmed the constitutional authority of the Independent National Electoral Commission (INEC) to issue and adjust election timetables for elections in Nigeria, even as disputes over its 2027 general election guidelines continue in court.
Justice James Omotosho, in a judgment delivered on Tuesday in a suit filed by the Social Democratic Party (SDP), held that INEC has the legal power to design election timetables and coordinate electoral activities under the Electoral Act, 2026.
The court, however, ruled that while INEC enjoys that authority, it must operate strictly within the timelines already set by law and cannot act outside statutory limits.
The SDP had approached the court seeking interpretation of INEC’s powers, arguing that the commission had overreached by fixing timelines that allegedly interfered with political parties’ primaries and nomination processes.
The party also asked the court to stop INEC from enforcing parts of its timetable, claiming they violated provisions requiring political parties to submit candidate lists within 120 days before elections.
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INEC, in its defence, insisted that its mandate covers not only monitoring elections but also issuing regulations and timetables necessary for the smooth conduct of the entire electoral process.
The commission argued that its revised timetable was lawful, consistent with the Constitution, and essential for organising credible elections.
Delivering judgment, Justice Omotosho agreed that INEC has powers under Section 151 of the Electoral Act to issue subsidiary regulations, including election timetables.
He described the timetable as a critical structure that guides all stages of elections, including primaries, submission of party registers, and nomination processes.
The judge warned that without such timelines, the electoral system would descend into disorder and confusion.
On candidate substitution and withdrawal, the court held that political parties are entitled to a 90-day window before elections to notify INEC of changes through sworn affidavits, as provided by law.
He ruled that INEC’s revised timetable, which shortened that window, was inconsistent with the Electoral Act and therefore invalid to that extent.
Justice Omotosho consequently held that while INEC can issue election timetables, it cannot shorten or override statutory timelines set by law.
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The court granted the SDP’s claims in part and ordered INEC to amend its 2027 election timetable to comply fully with Sections 29(1) and 31 of the Electoral Act, 2026.
It also voided deadlines that conflicted with those legal provisions.
The judgment comes days after another Federal High Court in Abuja also faulted aspects of INEC’s revised timetable in a separate suit filed by the Youth Party.
INEC has already appealed that earlier decision, insisting the trial court erred and failed to fully determine its preliminary objection.
The commission is now expected to consolidate its legal challenge as disputes over the 2027 election timetable continue.