Follow Us on Google
By Lukman Olabiyi
Senior Advocate of Nigeria (SAN), Olu Daramola, described the recent court ruling nullifying the Independent National Electoral Commission’s (INEC) revised election timetable as a “welcome development”, insisting that the commission overstepped its constitutional boundaries.
He argued that the Independent National Electoral Commission has no legal authority to alter provisions of the Electoral Act through subsidiary regulations, noting that such powers rest solely with the National Assembly. According to him, the revised timetable was inconsistent with the clear provisions of the law.
“It is a welcome development. INEC lacks the constitutional power to amend legislation passed by the National Assembly through regulations. The revised timetable is contrary to the clear provisions of the Electoral Act,” he said.
Daramola further noted that the judgment could have far-reaching political implications, including giving aggrieved aspirants who are dissatisfied with party primary outcomes the opportunity to switch platforms and contest tickets under different political parties ahead of the 2027 general elections.
Former Chairman of the Nigerian Bar Association (NBA), Dave Ajetomobi, described the ruling as a positive development for Nigeria’s democracy and the rule of law.
According to him, the judgment signals that the courts are beginning to assert their constitutional responsibility in safeguarding democratic processes.
Other News
“It is a good signal that our courts are waking up to their responsibility to sustain this democracy. A guideline made pursuant to powers conferred by a statute must not confer powers beyond what the statute permits. That is what the court has declared in this case,” Ajetomobi said.
He noted that the ruling could have far-reaching implications for preparations ahead of the 2027 elections, particularly in ensuring that electoral guidelines strictly comply with statutory provisions.
A Lagos-based lawyer, Micheal Akinyemi, described the ruling as commendable, noting that INEC’s timetable was contrary to the provisions of the Electoral Act.
According to him, the timelines released by the commission were not favourable to political parties and could not stand without an amendment to the law.
“What INEC did was not in line with the Electoral Act. The actual stipulations of the law are contrary to the timetable released by the commission. Before INEC can introduce such timelines, the Electoral Act must first be amended,” he said.
Akinyemi added that the implication of the judgment for the 2027 elections is that INEC would now be compelled to review its timetable to ensure compliance with the Electoral Act 2026.
