By John Azu
A Federal High Court in Abuja has nullified parts of the 2027 general election guidelines issued by the Independent National Electoral Commission (INEC), ruling that the electoral body lacks the power to impose timelines on political parties for the conduct of primaries and submission of membership records beyond what is provided in law.
In a judgement delivered on Thursday, Justice Mohammed Umar held that INEC exceeded its statutory powers by directing political parties to submit their membership registers and databases by May 10 as a condition for participation in the 2027 elections.
The suit was instituted by the Youth Party, which challenged the legality of the commission’s timetable regulating political party activities ahead of the polls, particularly provisions relating to submission of membership records and candidates’ particulars under Section 29(1) of the Electoral Act 2026.
Delivering judgement, Justice Umar ruled that while INEC has the constitutional responsibility to monitor and observe party primaries, such powers do not include fixing timelines for political parties to conduct the exercises.
“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 for the 2027 general elections,” the judge ruled.
The court further held that INEC cannot lawfully reduce the timeframe expressly provided by the Electoral Act for political parties to submit candidates’ particulars ahead of elections.
“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,” Justice Umar stated.
The judge also faulted the commission’s guidelines on withdrawal and substitution of candidates, maintaining that the law already provides a clear timeline which cannot be altered administratively by INEC.
“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 (INEC) cannot lawfully abridge or limit the statutory period by fixing earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable,” the court held.
The ruling is expected to have significant implications for preparations ahead of the 2027 general elections, particularly regarding the extent of INEC’s regulatory powers over internal party processes.
INEC had earlier issued the guidelines as part of efforts to streamline the electoral process, ensure early compliance by political parties and improve the management of pre-election activities. The commission has, in previous election cycles, faced criticism over disputes arising from candidate substitutions, controversial primaries and late submission of candidates by political parties.
Political parties, however, have often argued that some administrative directives issued by the electoral body amount to interference in their internal affairs, especially where such directives appear to go beyond timelines stipulated in the Electoral Act.
The judgement is also likely to reopen debate on the balance between electoral regulation and the autonomy of political parties in managing their nomination processes ahead of the next election cycle.