Court Voids INEC’s Deadlines for 2027 Elections, Orders Compliance with Electoral Act 2026.

A Federal High Court sitting in Abuja has delivered a landmark judgment nullifying key deadlines set by the Independent National Electoral Commission (INEC) for the 2027 general elections, declaring them inconsistent with the provisions of the Electoral Act 2026.

Justice James Omotosho, in a suit filed by the Social Democratic Party (SDP), ordered INEC to amend its timetable and schedule of activities for the 2027 elections, holding that the electoral body must strictly comply with the timelines stipulated in the newly enacted Electoral Act.

The judge ruled that while INEC possesses constitutional and statutory powers to issue and adjust election timetables, such powers are not absolute and must align with the law. The court specifically faulted portions of the timetable that shortened the statutory period granted to political parties for the submission and substitution of candidates.

Justice Omotosho declared that INEC cannot lawfully abridge the 120 days provided under Section 29(1) of the Electoral Act 2026 for political parties to submit particulars of their candidates ahead of elections. The judge further held that the commission also lacks the power to alter the 90-day window allowed under Section 31 of the Act for the substitution of candidates.

Consequently, the court voided the deadlines of August 29, 2026, and September 16, 2026, fixed by INEC for the submission of nomination forms for presidential, National Assembly, governorship, and House of Assembly candidates.

However, the court upheld INEC’s authority to request membership registers from political parties and fix timelines for the conduct of party primaries, holding that such actions were within its statutory responsibilities.

The SDP, through its counsel, Mr. Realwan Okpanachi, had asked the court to determine whether INEC possessed the legal authority under Sections 82 and 84(1) of the Electoral Act 2026 to prescribe timelines for the conduct of party primaries and whether it could lawfully shorten the statutory timeframe for submission of candidates’ particulars.

INEC, represented by Dr. Alex Izinyon, urged the court to dismiss the suit, arguing that the commission acted within its constitutional powers and that the matter was statute-barred. But Justice Omotosho rejected the objection, holding that the suit was competent since it arose from a press statement issued by INEC on March 27.

The judgment comes barely 24 hours after INEC approached the Court of Appeal in Abuja to challenge an earlier judgment delivered on May 20 in a separate suit filed by the Youth Party, which also nullified aspects of the commission’s timetable for the 2027 elections.

Legal Practitioner: INEC’s Guidelines Cannot Supersede Electoral Act

Reacting to the development, legal practitioner Monday Ubani noted that administrative guidelines issued by INEC cannot supersede provisions of the Electoral Act, as the controversy deepens over the commission’s 2027 election timetable.

He said the legal dispute between INEC and the Federal High Court extends beyond electoral administration and raises broader constitutional questions about statutory authority and electoral legality.

Ubani stated he was not surprised by INEC’s decision to challenge the court ruling, noting that the commission may believe its administrative procedures are necessary for ensuring orderliness and efficiency. He stressed, however, that administrative regulations must remain subordinate to substantive legislation.

“A subsidiary legislation should not be superior to the superior enactment that actually gave birth to it,” Ubani stated.

Concerns Over Delayed Regulations Ahead of Ekiti Governorship Election

Meanwhile, with the enactment of the 2026 Electoral Act, concerns are mounting over INEC’s failure to release new Regulations and Guidelines for the conduct of elections. Observers note that the commission is expected to issue detailed procedures for implementing key provisions of the new law, especially on electronic transmission of results, the protocol for when communication failure occurs, results collation procedures, and other operational issues critical to election day administration.

“We are just 25 days to #EkitiDecides2026; this crucial document is yet to be released,” a source noted. “Timely issuance of these guidelines is essential for building public confidence in the electoral process. Political parties, observers, security agencies, and voters need certainty on the rules that will govern the election.”