The Federal High Court ruling that voided key aspects of the Independent National Electoral Commission’s timetable for the 2027 general elections has thrust a critical question to the front of Nigeria’s electoral conversation: how much power does INEC actually have over the party primaries?
The answer, according to the Electoral Act 2026, appears to be considerably less than the commission assumed.
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What the Law Says
The three provisions at the heart of the dispute draw a clear boundary between INEC’s supervisory role and the internal autonomy of political parties.
Section 29(1) is the most consequential. It requires every political party to submit the list of candidates it proposes to sponsor — drawn from valid primaries — not later than 120 days before a general election. The law does not empower INEC to prescribe when, within that 120-day window, parties must conclude their primaries. It only sets the outer deadline.
Section 82 requires parties to give INEC at least 21 days’ notice before any convention, congress or conference convened for electing executive members or nominating candidates. The notice must specify the date, time, venue, and names of committee members as spelt out in the party’s constitution. Again, the provision is framed as a notification obligation on parties — not as a scheduling power vested in INEC.
Section 84(1) requires parties seeking to nominate candidates to hold primaries for all elective positions, with INEC monitoring the process. The commission’s role here is explicitly that of an observer, not an organiser.
Read together, the three provisions establish a pattern: INEC receives, observes, and monitors. It does not dictate when parties must act, so long as parties meet the statutory deadlines the legislature has set.
Justice M. G. Umar of the Federal High Court, ruling on a suit filed by the Youth Party, held precisely this — that INEC’s imposition of a compressed timetable for primaries, candidate submissions, withdrawals and substitutions, and campaign periods was inconsistent with what the Electoral Act 2026 actually permits. All six reliefs sought by the Youth Party were granted.
What Happens if the Ruling Stands
If INEC complies with the judgment — or if an appeal fails — the implications for the 2027 elections are immediate and far-reaching.
Parties would recover the full 120-day statutory window before the election date to submit candidates’ particulars, rather than the shortened window INEC had imposed. The legal period for withdrawal and substitution of candidates — 90 days before an election under Section 31 — would be fully restored, reopening the door for aggrieved aspirants who lost primaries to seek platforms elsewhere. INEC would also be barred from publishing final candidate lists before the 60-day minimum prescribed by the law, and from compelling campaigns to end two days before election day.
Practically, this means the tight pre-election schedule INEC designed — in part to curb last-minute defections and platform-hopping — collapses. The Coalition of United Political Parties has confirmed that 14 parties are already planning extended primary timetables to accommodate new defectors. The ADC has predicted a wave of departures from the ruling APC, where contested primaries have already produced internal disputes in several states.
For INEC, the ruling is an institutional setback of significant proportions. The commission crafted its timetable as an administrative instrument for managing the 2027 election cycle. The court has held that instrument to be, in material parts, an unlawful extension of powers the legislature never granted. Its director of voter education and publicity, Victoria Eta-Messi, told TheCable on Friday that the commission was yet to receive the certified judgment and would study it before deciding its next step — a response that suggests INEC has not ruled out an appeal.
FURTHER READING
That decision will define whether the 2027 election cycle operates on the legislature’s terms or INEC’s.
Philip Ibitoye is a Special Correspondent with EKO HOT BLOG. Click here to find daily analysis and critical insight on trending issues in Lagos and other parts of Nigeria.
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