Appeal Court Restores INEC’s 2027 Election Timetable, Overturns High Court Ruling

The Court of Appeal in Abuja has overturned a Federal High Court judgment that nullified key timelines issued by the Independent National Electoral Commission (INEC) for the conduct of the 2027 general elections, restoring the Commission's revised election timetable.

In a unanimous judgment delivered on Thursday, a three-member panel of the appellate court held that INEC acted within the powers granted to it by law in issuing the timetable, describing it as a valid form of subsidiary legislation under the Electoral Act, 2026.

The ruling effectively sets aside the decision of the Federal High Court delivered on May 20, which had invalidated deadlines fixed by the electoral body for political party primaries, candidate nominations and other pre-election activities.

The appellate court ruled that the trial court failed to follow binding judicial precedents in reaching its decision.

According to the court, INEC's revised timetable is legally recognised as subsidiary legislation, carrying the same force and effect as the Electoral Act itself.

The panel further held that all the deadlines contained in the revised timetable fall within the framework of the Electoral Act, affirming that the Commission acted within its statutory authority.

INEC had approached the Court of Appeal after the Federal High Court ruled in favour of the Youth Party (YP), which challenged the Commission's authority to prescribe timelines for party primaries and nomination processes.

In its notice of appeal dated May 25, INEC raised nine grounds of appeal, arguing that the lower court erred by failing to determine key jurisdictional issues raised during the proceedings.

The Commission also maintained that the suit filed by the Youth Party was hypothetical and academic, insisting that the party lacked the legal standing to institute the action.

According to INEC, the trial court's failure to address those preliminary objections amounted to a denial of fair hearing.

At the centre of the legal dispute was the interpretation of Sections 29, 31, 32, 82 and 84 of the Electoral Act, 2026, which regulate candidate nominations, party primaries and election timelines.

The Federal High Court had held that the Electoral Act only requires political parties to submit the names and particulars of their candidates not later than 120 days before an election, arguing that INEC lacked the authority to impose shorter deadlines through its timetable.

Justice Mohammed Umar had also ruled that the Commission could not lawfully abridge statutory periods relating to the withdrawal and substitution of candidates or the publication of final candidate lists.

The lawsuit, filed by the Youth Party and marked FHC/ABJ/CS/517/2016, sought a declaration that INEC had exceeded its statutory powers by fixing specific periods within which political parties must conduct primaries for the 2027 elections.

The party argued that while the Electoral Act empowers INEC to receive notices of party primaries and monitor the process, it does not authorise the Commission to determine when political parties should hold those primaries.

Justice Umar agreed with the argument and nullified several provisions of INEC's revised timetable, including the Commission's May 10 deadline for political parties to submit their membership registers and databases as a prerequisite for participating in the 2027 elections.

However, the Court of Appeal has now reversed that decision, holding that INEC acted lawfully in issuing the revised timetable and that the Commission's timelines are consistent with the provisions of the Electoral Act, 2026.

The judgment restores the Commission's timetable for the 2027 general elections, allowing INEC to proceed with preparations based on the deadlines it had earlier announced.