Breaking: Hope as Court Sets Aside INEC’s Deadline for Party’s Primaries, Submission, Replacement of Candidates

Alex Enumah in Abuja

A glimpse of hope have come the way of many politicians who lost in the recent primaries conducted by political parties, following the nullification of the Independent National Electoral Commission (INEC’s) Revised Timetable and Schedule of Activities for 2027 General Election by a Federal High Court in Abuja.

Justice Mohammed Umar, in a judgment delivered on Wednesday, held that the time-frame “imposed” by INEC on political parties to conduct their primaries, submit, withdraw and replace names and particulars of their candidates for the 2027 general elections, “is inconsistent with the provisions of the Electoral Act, 2026”, and it is hereby set aside.

The judgment was in respect of a suit challenging the electoral umpire’s time-frame for the conduct of the 2027 general elections; aimed at preventing people who lost in primary elections from defecting to another party and vying for the same office they earlier lost in their former party.

A Certified True Copy (CTC) of the judgment order, revealed that the suit marked: FHC/ABJ/CS/517/2016, and filed by the Youth Party, has INEC as sole defendant.

The plaintiff in the suit dated and filed on March 11, by its counsel, J. O. Olotu sought for several reliefs, including a declaration 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 INEC 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.

“After hearing J. O. Olotu, of counsel for the Plaintiff and Sarafa Yusuf, of counsel for the defendant”, Justice Umar held going by the provisions of 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, “INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable”.

Similarly, citing 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 court held that INEC lacks the powers to abridge or limit that statutory period by fixing earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.

Justice Umar in addition held that by provisions of Section 32 of the Electoral Act, 2026, INEC does not possess the statutory power to publish the final list of candidates for the 2027 general election before the 60 days minimum period prescribed by law.

“A Declaration is made that upon the proper construction of Section 98 of the Electoral Act, 2026, the defendant does not possess the statutory authority to fix in its timetable for the 2027 general elections for campaign to end 2 days before the elections.

“A Declaration is made that upon the proper interpretation to Section 33 of the Electoral Act, 2026, the time frame prescribed by the Defendant for submission of membership registers for the conduct of primary elections is NOT applicable to primary elections conducted for the purpose of replacing withdrawn candidates”.

Justice Umar subsequently made an order, “setting aside or nullifying the time-frames imposed by the defendant in its Revised Timetable and Schedule of Activities for 2027 General Election for the conduct of primary elections by political parties for the 2027 general elections, the submission of personal particulars of candidates by their political parties for the 2027 general elections, the withdrawal and replacement of candidates by political parties for the 2027 general elections, the publication of the final list of candidates for the 2027 general elections and campaigning for the 2027 general elections which is inconsistent with the provisions of the Electoral Act, 2026”.

By the revised time-table, all the 18 political parties are to submit their membership register to the commission by May 10, conduct primaries for the selection of candidates, as well as apply for withdrawal and submit replacement of candidates for the 2027 general elections before or by end of May.

While all parties have complied with the regulation and are currently conducting their primaries, the outcome especially for the ruling All Progressives Congress (APC), have met with strong protests in some states, with many candidates withdrawing from the race, over alleged imposition of candidates among others.