Court upholds INEC’s authority to set election schedules
Justice James Omotosho of the Federal High Court in Abuja has confirmed that the Independent National Electoral Commission (INEC) has the constitutional power to issue and alter election timetables. The court, however, ruled that INEC must strictly follow the timelines set by the Electoral Act, 2026. The Social Democratic Party (SDP) had challenged INEC’s revised guidelines, arguing they conflicted with statutory requirements. The court partially upheld the SDP’s claims, ordering INEC to amend its timetable to comply with the law.
Key takeaways
- Justice James Omotosho ruled that INEC can issue and alter election timetables, but only within the timelines prescribed by the Electoral Act, 2026.
- The SDP argued that INEC’s revised timetable and press release dated 27th March, 2026 shortened the statutory periods for party primaries and candidate substitution.
- The court found that INEC’s deadlines for candidate withdrawal on August 22, 2026 and September 19, 2026 were inconsistent with the 90-day period required by law.
- The court ordered INEC to amend its 2027 election timetable and schedule of activities to comply with Sections 29(1) and 31 of the Electoral Act, 2026.
- In a related case, INEC filed a notice of appeal dated May 25 against a judgment delivered by Justice Muhammed Umar on 20th May 2026, which also addressed the commission’s powers over election timelines.
