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Nigeria: Another Court Okays INEC's Power to Issue Election Guidelines

The court said INEC can set primary deadlines but cannot cut statutory candidate-submission periods under the Electoral Act 2026.

  • A Federal High Court in Abuja affirmed yesterday that the Independent National Electoral Commission possesses legal authority to fix timelines for political party primaries ahead of 2027 elections, with Justice J.K. Omotosho declaring INEC is empowered by the Constitution and Electoral Act 2026 to issue and alter election timetables.
  • The Social Democratic Party filed suit FHC/ABJ/CS/720/2026 questioning whether INEC possessed constitutional powers to compel political parties to conduct primaries within commission-fixed timelines, challenging aspects of the commission's 2027 election timetable and schedule of activities.
  • While affirming INEC's general authority, the court restricted the commission's power to shorten the 120-day period stipulated under Section 29 of the Electoral Act for submission of candidates particulars, partly upholding SDP's claims on statutory compliance.
  • Justice Omotosho nullified INEC's August 29 and September 16, 2026 nomination submission deadlines and ordered the electoral commission to amend its 2027 election timetable to comply strictly with sections 29 and 31 of the Electoral Act 2026.
  • INEC faces competing court orders as it challenges a separate judgment that had earlier nullified parts of its election guidelines, requiring the commission to establish new nomination timelines compliant with the 120-day statutory requirement while navigating conflicting judicial directives.
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TheNigerialawyer broke the news on Tuesday, May 26, 2026.
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