Court Upholds INEC’s Power To Set Timeline For Party Membership Registers

Federal High Court says electoral commission can regulate timelines for party activities but cannot shorten constitutional deadlines for candidate submissions.

Justice James Omotosho of the Federal High Court in Abuja has affirmed the powers of the Independent National Electoral Commission (INEC) to determine timelines for the submission of political parties’ membership registers and the conduct of party primaries ahead of the 2027 general elections.

The ruling was delivered in Suit No: FHC/ABJ/CS/720/2026 filed by the Social Democratic Party (SDP) against INEC. The SDP had approached the court seeking interpretations regarding the extent of INEC’s powers under the Electoral Act 2026, particularly whether the commission could prescribe timelines for political party primaries and membership register submissions.

The party also challenged aspects of INEC’s revised timetable for the 2027 elections, arguing that some deadlines imposed by the commission violated statutory provisions of the Electoral Act.

Delivering judgment on Tuesday, Justice Omotosho held that INEC possesses constitutional and statutory authority to issue election timetables and regulate electoral processes, including timelines for party activities connected to elections. The court declared that election timetables consist of interconnected activities necessary for the conduct of elections, including submission of party membership registers and organisation of party primaries.

According to the judge, INEC has the legal authority to issue and alter election timetables where necessary, provided such actions remain consistent with the provisions of the Constitution and Electoral Act. The court further ruled that the timetable issued by INEC for the 2027 elections was generally valid and legally enforceable.

However, Justice Omotosho also held that INEC cannot lawfully abridge statutory deadlines expressly provided under the Electoral Act.

The court specifically ruled that the commission cannot reduce the constitutionally recognised 120-day period within which political parties are expected to submit names of candidates before elections.

Similarly, the judge held that INEC cannot vary the 90-day period allowed for substitution of candidates under Section 31 of the Electoral Act 2026.

Consequently, the court ordered the electoral commission to amend portions of the 2027 election timetable to align with Sections 29(1) and 31 of the Electoral Act.

The court also declared that deadlines fixed by INEC for submission of nomination forms August 29, 2026 for presidential and National Assembly elections and September 16, 2026 for governorship and House of Assembly elections were void to the extent that they conflict with statutory provisions.

Justice Omotosho nonetheless affirmed that INEC acted within its powers by requesting political parties to submit membership registers and fixing timelines for party primaries. The ruling is expected to shape preparations by political parties ahead of the 2027 general elections.