Another court affirms INEC’s power to issue election guidelines

From Godwin Tsa, Abuja

Justice James Omotosho of the Abuja Division of the Federal High Court has affirmed the powers of the Independent National Electoral Commission (INEC) to issue a timetable for the 2027 election.

The decision, which is a slight departure from an earlier judgment, comes less than 24 hours after the electoral body appealed the nullification of parts of its election guidelines.

Justice Omotosho, in his judgment, dismissed the argument canvassed by the plaintiff that INEC does not possess the power to fix or prescribe a timetable for the conduct of party primaries.

In the suit filed on April 9, 2026, the plaintiff, SDP, challenged the powers of INEC to issue an election timetable. The party raised five questions for determination by the court and also sought seven reliefs in its originating summons.

But in its defence, INEC, through its counsel, Dr Alex A. Izinyon, SAN, challenged the suit, arguing that it was statute-barred.

He further submitted that the electoral body has the power donated by the Constitution and the Electoral Act, 2026, and a host of decided cases of the Court of Appeal and the Supreme Court, to make a timetable to regulate the conduct of elections, adding that it was within the constitutional power of INEC when it issued the timetable for the conduct of the 2027 general elections.

After listening to counsel in the matter, Justice Omotosho held: “This Honourable Court hereby declares that the defendant (INEC) is also empowered to alter the timetable for the ultimate aim of giving effect to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act.

“This Honourable Court hereby declares that the timetable for the conduct of the 2027 General Election issued by the defendant is valid and legally issued, stating timeframe within which political parties are to hold their primaries and stating timeframe for the submission of membership registers of political parties.

“This Honourable Court hereby declares that the defendant cannot lawfully abridge or vary the 90 days’ period for substitution of candidates under Section 31 of the Electoral Act, 2026.

“This Honourable Court hereby declares that the defendant cannot abridge the time stipulated in Section 29(1) of the Electoral Act, 2026, given to political parties to submit the names of their candidates at least 120 days to the date of election.

“This Honourable Court hereby declares that the defendant is hereby ordered to amend the election timetable.”