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By Kenneth Okonkwo
+2348033226689 (sms only [email protected]
Political parties are now battling to conduct their primary elections to produce their candidates for the 2027 general elections in accordance with the Independent National Electoral Commission’s (INEC) regulations, guidelines and timelines. It is unfortunate that this rush is not in accordance with the electoral laws as enacted by the people of Nigeria through their elected representatives in the National Assembly, but to conform with the timelines generated by a commission, under Joash Amupitan, its chairman, which ought to be independent by the Constitution, but which has chosen to be a partisan hawk under the manipulation and direction of the ruling party, the All Progressives Congress (APC), for the stifling of the opposition parties.
The journey towards emasculating the opposition parties to make way for President Tinubu to run unopposed in 2027 started with the rushed legislation of the Electoral Act, 2026 to destroy the opposition parties in 2026. Before the enactment of the Electoral Act, 2026, APC had commenced online membership registration with the National Identification Number (NIN) more than one year ago. The party simply amended the Electoral Act, 2022 to suit what it had already done to the disadvantage of the opposition parties. Most of the opposition parties were still grappling with the nuances of forming a coalition to battle the incumbent government when APC surreptitiously enacted the Electoral Act, 2026 on 18 February 2026 to guide the conduct of the FCT Area Council elections on the 21 February 2026, just three days after the enactment, and the 2027 general elections.
It is important to note that before the amendment of the Electoral Act, Nigeria had already been thrown into a constitutional crisis by APC, and APC had to amend the Electoral Act to cover up for its incompetence. The 2022 Electoral Act made provision in section 3(3) that the money budgeted by INEC should be paid to its account one year before the next election. However, by February 2026, INEC was still defending its budget before the National Assembly. The incompetent APC had to amend section 3(3) to reduce the length of time to pay election funds due to the Commission from one year to six months. In a country where INEC finds a year too small to plan for election, it is disastrous to reduce the time to six months.
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Other amendments carried out by the National Assembly that affected the timetable of INEC include reducing the time to issue notice of election by INEC from 360 days to 300 days. (Section 28(1) of the Electoral Act, 2022 and 2026). Reduction of the time for the submission of the list of candidates by political parties to INEC from 180 days to 120 days. (Section 29(1) of the Electoral Act 2022 and 2026). It is pertinent to note that INEC never asked for any of these amendments as a necessary assistance to perform its work better. Meanwhile the commencement of campaign still holds at 150 days before the general elections. (See sections 94(1) and 98(1) of the Electoral Acts, 2022 and 2026 respectively). Why adjust periods for submission of candidates without adjusting period for campaign? This is why jurists believe that the Electoral Act, 2026 is the worst in our history. The only thing APC was focused on in this rushed and senseless law is to shut out the opposition from 2027 general elections rather than provide Nigerians with efficient laws to guarantee free and fair elections.
Apart from these obvious incompetent provisions, there are some other manipulative provisions. For instance the requirement that parties submit their registers both soft and hard copies 21 days to the day of their primary elections. Only members in the register can vote and be voted for, while any party which fails to submit such register is ineligible to participate in the election. No other register can be used for the election. (Section 77(4 – 7) of the Electoral Act, 2026.)
As a result of these rushed amendments, INEC had to adjust its already dished out timetable for elections. It changed its presidential election already scheduled for 20 February 2027 to 16 January 2027. The most consequential adjustment is that of the timetable for the conduct of party primaries. The commission requires in its timetable that the parties must submit their registers latest by 10 May 2026 and submit the list of their candidates latest by 30 May 2026. This is clear eight months (about 240 days) away from the general elections scheduled for 16 January 2026. Even by the provision of the 2022 Act which requires 180 days time for submission, this guideline is weird and illegal. The 2026 Act requires 120 days time limit for submission.
As expected, INEC faced barrage of legal battles for these obvious illegal guidelines. It is important to note that INEC has the constitutional power to make regulations and guidelines for the conduct of elections. According to the Supreme Court, INEC, “acting in accordance with its powers under section 160(1) of the Constitution, which section empowers it to make its own regulations to direct its actions, in the build-up to the 2023 general elections, made the INEC Regulations and Guidelines for the Conduct of Elections, 2022.” (Atiku v I.N.E.C. (No.2) (2023) 19 NWLR (Pt. 1917) 761 at 1012 paras D-E.)
However, as regards the relationship between INEC Regulations and Guidelines, the Constitution, and Electoral Act, the Supreme Court is clear that any provision in the Regulations of INEC that is inconsistent or contradicts the Constitution or the Electoral Act is void to the extent of its inconsistency. During Obasanjo’s regime, Gani Fawehinmi, SAN, of the Nigeria Conscience Party, Balarabe Musa, former Governor of Kaduna State, of the People’s Redemption Party, and 25 other associations sought to register their parties, but INEC rejected the proposals by introducing impediments in its guidelines, not recognised by the laws. It was held that INEC’s requirements for registration of political parties must be within the law, and any guidelines, which contradict or add to the conditions of eligibility required by the Constitution and the Electoral Act, are void. Only procedural, evidential, and administrative guidelines were held to be valid. (INEC v Musa (2003) 3 NWLR (Pt. 806) 72.)
By extension, the judgement of the Federal High Court under Justice Umar that INEC lacks the authority to prescribe timelines within which political parties must conduct primaries which contradict the Electoral Act is unassailable in law. According to him, Sections 82 and 84(1) merely empower INEC to receive notices and monitor primaries, not dictate when they should hold. The court consequently nullified the guidelines, which decreed that parties must submit their list by 30 May 2026. Therefore, the guidelines of INEC, which shortened the time already settled by the law, added an additional condition of eligibility to the conditions settled by the law and as such are void.
It is ridiculous to hear that INEC wants to appeal this case. What is it appealing against? Joash Amupitan cannot cease to amaze citizens on his partisanship and support of the APC. Is it that Joash, a Professor of law and Senior Advocate of Nigeria, is not aware that his regulations are inferior to the Electoral Act and any inconsistency with the Act is void? Is it that when Joash compelled political parties to submit its candidates’ list, about 240 days to election, that he is not aware that it contradicts the provision of the Act that parties have till 120 days to election to submit their list? I bet he knows. But in order to frustrate the opposition parties with shortness of time so that in their rush they will field insignificant candidates to challenge APC candidates who are made up of mostly incumbents, he embarked on this satanic guidelines.
Note that INEC refused to appeal the judgement against it when the court compelled it, against its will to register the Nigerian Democratic Congress (NDC). It cowardly put the executives of the NDC on its portal with an addendum “by the order of court.” If Joash felt compelled to register NDC, why did he not appeal? Today, the High Court reached an unassailable decision about INEC’s breach of the Electoral Act, and INEC is not only appealing, it is asking for a stay of execution. Is Joash also not aware that declaratory orders cannot be stayed? The court merely interpreted the provisions of the law and INEC is rejecting the interpretation. By the legal realism school of thought in law, the prophecy of what the courts will do and nothing more pretentious is law. This means that the position of the law is whatever the courts interpret it to be.
INEC should immediately desist from employing any delay tactics to render the judgement of the High Court nugatory. If INEC manages to get a stay of execution for the judgement and eventually loses the appeal, the parties will not get any benefits from the judgement as the extended time granted to the parties to submit their candidates by the courts would have elapsed. It is true that justice delayed is justice denied, but also justice rushed may be justice crushed. Likewise, legislation delayed may be legislation denied but legislation rushed may also be legislation crushed. Electoral Act, 2026 has crushed a lot of our democratic ideals. The Electoral Act, 2026 has been described as the worst in our history. It is more terrible when INEC adds salt to injury by adding more illegal provisions to it in the name of regulations and guidelines.
