BREAKING: Appeal Court restores INEC’s 2027 election timetable

The Court of Appeal in Abuja has overturned a Federal High Court judgment that invalidated the Independent National Electoral Commission’s (INEC) timetable for the 2027 general elections.

The appellate court ruled that the electoral body acted within the powers granted to it under the Electoral Act 2026.

In a unanimous decision delivered on Thursday by a three-member panel, the Court of Appeal upheld INEC’s appeal and set aside the May 20 judgment of the Federal High Court, which had nullified key timelines issued by the commission for the conduct of the 2027 elections.

Appeal Court affirms INEC’s legal powers

The appellate court held that the trial court failed to apply binding legal precedents in reaching its decision.

It ruled that INEC’s Revised Timetable for the 2027 general elections qualifies as subsidiary legislation under the Electoral Act 2026. As such, it carries the same legal force as the Act itself.

The court further held that the commission acted within its statutory authority when it fixed deadlines for electoral activities, stressing that every timeline contained in the revised schedule complies with the provisions of the Electoral Act.

INEC challenged High Court verdict

INEC filed its appeal on May 25, raising nine grounds against the Federal High Court judgment.

The commission argued that the lower court failed to determine a jurisdictional objection it had raised before deciding the case.

It also maintained that the suit filed by the Youth Party (YP) was speculative and academic, making it incompetent before the court.

According to INEC, the trial court’s failure to address those preliminary issues denied it a fair hearing.

The electoral body also faulted the lower court’s interpretation of Sections 29(1), 82 and 84 of the Electoral Act 2026.

It argued that while the law requires political parties to submit the names and particulars of candidates at least 120 days before the election and give 21 days’ notice before holding primaries, the Act does not prevent INEC from issuing an election timetable to regulate the electoral process.

INEC further insisted that the Federal High Court’s decision was against the weight of the evidence presented and asked the Court of Appeal to set it aside.

The commission also urged the appellate court to strike out the Youth Party’s suit, arguing that the party lacked the legal standing to institute the case.

Federal High Court’s earlier decision

Justice Mohammed Umar of the Federal High Court had earlier declared invalid the timelines INEC fixed for political party primaries and the nomination of candidates ahead of the 2027 general elections.

The court also nullified INEC’s May 10 deadline requiring political parties to submit their membership register and database as a condition for participation in the elections.

Justice Umar held that the commission’s deadlines for conducting primaries, submitting candidates’ particulars, and withdrawing or replacing candidates were inconsistent with the Electoral Act 2026.

The ruling followed a suit filed by the Youth Party, marked FHC/ABJ/CS/517/2016, seeking an interpretation of Sections 29, 82 and 84(1) of the Electoral Act.

The party argued that INEC’s constitutional role to receive notices of party primaries and monitor the process does not include the power to dictate when political parties must conduct their primaries.

The trial court agreed, ruling that Section 29(1) of the Electoral Act allows political parties to submit candidates’ particulars up to 120 days before an election, and that INEC could not lawfully shorten that period through its election timetable.

Justice Umar also ruled that Section 31 of the Electoral Act permits political parties to withdraw or replace candidates up to 90 days before an election, meaning the commission lacked the authority to impose an earlier deadline.

In addition, the court held that Section 32 of the Electoral Act requires INEC to publish the final list of candidates no earlier than 60 days before an election, and that the commission could not alter that statutory timeframe through its timetable.

However, with Thursday’s ruling, the Court of Appeal restored INEC’s revised timetable for the 2027 general elections, affirming that the electoral commission acted within the limits of its legal powers under the Electoral Act 2026.