The Court of Appeal in Abuja has set aside a Federal High Court judgment that nullified the timetable issued by the Independent National Electoral Commission (INEC) for the 2027 general elections, holding that the electoral body’s revised schedule is legally valid.
In a unanimous decision delivered on Thursday, July 16, by a three-member panel, the appellate court allowed INEC’s appeal against the May 20 judgment of the Federal High Court, ruling that the lower court failed to follow binding judicial precedents.
The Court of Appeal held that INEC’s Revised Timetable for the 2027 general elections constitutes subsidiary legislation under the Electoral Act, 2026, with the same force of law as the principal legislation. It further ruled that the electoral commission acted within its statutory powers and that every deadline contained in the timetable falls within the provisions of the Electoral Act.
INEC, in its notice of appeal dated May 25, raised nine grounds challenging the Federal High Court’s decision. The commission argued that the trial court erred by failing to determine a jurisdictional issue it had raised and maintained that the suit filed by the Youth Party (YP) was hypothetical and academic. The electoral body also contended that the trial court’s failure to rule on the jurisdictional issues amounted to a denial of its right to a fair hearing.
INEC further challenged the lower court’s interpretation of the Electoral Act, particularly its finding that: “It is clear from the wordings of Sections 29(1), 82 and 84 of the Electoral Act, 2026, the following can be understood. Section 29(1) of the Electoral Act, 2026 mandates Political Parties to submit the names of candidates in prescribed forms of the candidates who emerged from their valid primaries which such a political party intends to sponsor at the elections, not later than 120 days before the date of the General Election.
“What is required of Political Parties to do under the Electoral Act, 2026 is to notify the Independent National Electoral Commission (INEC) 21 days before the holding of its primaries, congresses or conventions, or any conference or meeting convened for the election of its executive committees, other governing bodies for nominating candidates.
“The Defendant is not mandated to impose a timeframe for political parties to conduct their primaries provided that it will be done and submitted not later than the 120 days provided by the Electoral Act, 2026. See Section 82(1) of the Electoral Act, 2026.”
The commission argued that the judgment was against the weight of evidence presented before the court and urged the Court of Appeal to allow the appeal, set aside the judgment, and strike out the Youth Party’s suit on the grounds that the party lacked the locus standi to institute and maintain what it described as an academic action.
The appeal stems from a judgment delivered by Justice Mohammed Umar of the Federal High Court, which invalidated INEC’s timetable for the conduct of party primaries and the nomination of candidates for the 2027 general elections. Justice Umar also nullified INEC’s May 10 deadline requiring political parties to submit a register and database of all their members as a condition for participation in the elections.
The Federal High Court had held that the timeframe imposed by the commission for political parties to conduct their primaries and to submit, withdraw, or replace candidates “is inconsistent with the provisions of the Electoral Act, 2026.”
The case followed a suit filed by the Youth Party, marked FHC/ABJ/CS/517/2016, seeking an order compelling INEC to comply with the Electoral Act’s 120-day pre-election deadline for the submission of party registers and candidates’ personal particulars.
The party asked the court to declare that, upon a proper interpretation of Sections 29, 82 and 84(1) of the Electoral Act, 2026, INEC’s powers to receive notices of party primaries, monitor them and receive candidates’ particulars do not extend to prescribing the timetable within which political parties must conduct their primary elections for the 2027 general elections.
Agreeing with the Youth Party, Justice Umar had ruled that, in view of Section 29(1) of the Electoral Act, 2026, which requires political parties to submit the personal particulars of their candidates not later than 120 days before an election, “INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”
The judge further held that, under Section 31 of the Electoral Act, 2026, which permits political parties to withdraw and substitute candidates not later than 90 days before an election, INEC lacks the authority to shorten that statutory period by fixing an earlier deadline in its timetable.
Justice Umar also ruled that, under Section 32 of the Electoral Act, 2026, INEC does not have the statutory power to publish the final list of candidates for the 2027 general election before the minimum 60-day period prescribed by law.
