NEWS XTRA
COURT AFFIRMS INEC’S POWER TO FIX ELECTION TIMETABLE
The Federal High Court in Abuja has upheld the constitutional authority of the Independent National Electoral Commission (INEC) to issue and adjust election timetables for the conduct of elections, ahead of the 2027 general elections.
Delivering judgment on Tuesday in a suit filed by the Social Democratic Party (SDP), Justice James Omotosho held that INEC is empowered under the Electoral Act, 2026, to issue election schedules and regulate electoral activities in line with statutory provisions.
The court, however, stressed that such powers must be exercised strictly within the timelines prescribed by law.
According to the judge, while INEC can design and modify election timetables to ensure order in the electoral process, it cannot do so in a manner that contradicts provisions of the Electoral Act.
He noted that election timetables are essential for structuring key electoral activities, including party primaries, submission of membership registers, and nomination of candidates.
Justice Omotosho ruled that INEC’s timetable must align with statutory provisions, particularly the 90 days allowed for candidate substitution and the 120-day deadline for submission of candidate lists before elections.
“The defendant is empowered by law to issue a timetable for elections, but it must do so in compliance with the time frames in the Electoral Act 2026,” the judge held.
The court also declared that INEC acted outside its powers to the extent that its revised timetable shortened statutory deadlines for political parties.
However, it affirmed that the commission retains authority to set and adjust electoral schedules, provided they comply with the law.
The ruling partly succeeded in favour of the plaintiff, as the court struck down deadlines that conflicted with statutory timelines but upheld INEC’s general power to regulate election schedules.
Justice Omotosho further ordered INEC to amend its 2027 Election Timetable and Schedule of Activities to comply with the Electoral Act.
The judgment comes amid ongoing legal disputes over INEC’s revised guidelines for the 2027 elections, with the electoral body already appealing a separate ruling that nullified aspects of its timetable.
INEC maintains that its timetable powers are necessary for effective election management, while insisting it acted within the law.
The latest ruling is expected to further shape legal interpretations of INEC’s authority ahead of the 2027 general elections.
"This represents a significant development in our ongoing coverage of current events."— Editorial Board