A Federal High Court in Abuja has upheld the powers of the Independent National Electoral Commission (INEC) to issue and amend election timetables, but ruled that the commission must operate strictly within limits set by the Electoral Act, 2026.
Justice James Omotosho delivered the judgment on Tuesday, May 26, 2026, in Suit No. FHC/ABJ/CS/720/2026 filed by the Social Democratic Party (SDP) challenging aspects of INEC’s revised timetable for the 2027 general elections.
The court ordered INEC to amend portions of the timetable to comply with Sections 29(1) and 31 of the Electoral Act, which set timelines for submission and substitution of candidates.
The SDP, in an April 9, 2026 suit, argued that INEC’s timetable unlawfully shortened statutory deadlines for party primaries and candidate nominations and sought to stop its enforcement.
INEC maintained that it is constitutionally empowered to organize, supervise and regulate elections, including issuing timetables and guidelines, and that its schedule complied with the law.
Justice Omotosho held that while INEC can issue subsidiary regulations under the Electoral Act, such powers cannot override clear statutory provisions.
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He ruled that election timetables must cover the full electoral process, including party registers, primaries and nominations, warning that gaps could disrupt the system.
The court found that INEC’s revised timetable, which fixed August 22, 2026 and September 19, 2026 for key nomination processes, unlawfully shortened statutory periods.
It held that INEC could not abridge the 120-day requirement under Section 29(1) for submission of candidates’ names or the 90-day period under Section 31 for substitution of candidates.
“The defendant acted ultra vires its powers by reducing the time allowed… contrary to the 90 days stipulated by the Electoral Act, 2026,” the court ruled.
Justice Omotosho ordered INEC to amend the 2027 Election Timetable and struck down deadlines inconsistent with the Electoral Act, while affirming its power to adjust schedules within legal limits.
He also dismissed INEC’s objection that the suit was statute-barred, holding that the cause of action arose from its March 27, 2026 press statement.
The judgment follows a similar ruling by another Federal High Court in Abuja in a separate suit by the Youth Party, which also voided parts of INEC’s timetable for breaching statutory timelines. INEC has since appealed that decision.