Court Affirms INEC’s Power to Adjust Election Timetable, Orders Compliance with Electoral Act
A Federal High Court sitting in Abuja has affirmed the statutory authority of the Independent National Electoral Commission (INEC) to prepare and adjust election timetables, provided such actions remain within the limits of the law.
The ruling was delivered by Justice James Omotosho in a suit filed by the Social Democratic Party (SDP), challenging aspects of INEC’s timetable for the 2027 general elections.
In his judgment, Justice Omotosho upheld the validity of the 2027 election timetable issued by INEC, declaring that the commission acted within its powers under the Electoral Act 2026.
The court held that election timetables are critical instruments used to regulate political party activities, including the submission of membership registers, nomination processes, and conduct of party primaries.
According to the judge, election schedules are not restricted to voting dates alone but encompass all preparatory activities necessary for the conduct of credible and orderly elections.
Justice Omotosho further explained that INEC derives its powers to issue subsidiary regulations and guidelines for elections from Section 151 of the Electoral Act as well as relevant constitutional provisions.
However, the court emphasized that the commission must exercise its powers strictly within the framework of the law and in compliance with statutory deadlines provided under the Electoral Act.
The judge specifically noted that INEC exceeded its authority by attempting to shorten the legally prescribed 90-day period allowed for the substitution of candidates by political parties.
He also observed that the law mandates political parties to submit candidate lists not later than 120 days before an election, adding that portions of INEC’s revised timetable were inconsistent with those provisions.
Accordingly, the court ordered INEC to amend its 2027 election timetable to ensure full compliance with the Electoral Act and avoid any contradiction with established legal timelines.
Justice Omotosho further ruled that the suit instituted by the SDP succeeded in part and was not statute-barred as argued in some quarters.
The court maintained that election timetables remain structured frameworks necessary for ensuring orderly electoral administration and proper coordination of political activities.
