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A fresh wave of hope has emerged for many politicians who lost in the recent party primaries following the nullification of the Independent National Electoral Commission’s Revised Timetable and Schedule of Activities for the 2027 General Election by a Federal High Court in Abuja.
Justice Mohammed Garba Umar, in a judgment, held that the timeframe “imposed” by INEC on political parties to conduct their primaries, submit, withdraw and replace names and particulars of their candidates for the 2027 general elections “is inconsistent with the provisions of the Electoral Act, 2026,” and is hereby set aside.
The judgment followed a suit challenging the electoral umpire’s timetable for the conduct of the 2027 general elections, which was designed to prevent politicians who lost primaries from defecting to another party to contest for the same office.
A Certified True Copy (CTC) of the judgment order revealed that the suit, marked FHC/ABJ/CS/517/2016 and filed by the Youth Party, listed INEC as the sole defendant.
The plaintiff in the suit, dated and filed on March 11 through its counsel, J. O. Olotu, sought several reliefs, including a declaration that, upon proper interpretation of Sections 29, 82 and 84(1) of the Electoral Act, 2026, INEC’s powers to receive notices of party primaries and personal particulars of candidates do not extend to fixing or prescribing timelines for the conduct of primaries ahead of the 2027 general elections.
“After hearing J. O. Olotu, counsel for the plaintiff, and Sarafa Yusuf, counsel for the defendant,” Justice Umar held that, based on Section 29(1) of the Electoral Act, 2026, which requires political parties to submit the particulars of 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.”
Similarly, citing Section 31 of the Electoral Act, 2026, which permits political parties to withdraw and substitute candidates not later than 90 days before an election, the court held that INEC lacks the power to reduce or limit that statutory period through earlier deadlines in its timetable.
Justice Umar also held that by virtue of Section 32 of the Electoral Act, 2026, INEC does not possess the statutory authority to publish the final list of candidates for the 2027 general elections before the minimum 60-day period prescribed by law.
“A Declaration is made that upon the proper construction of Section 98 of the Electoral Act, 2026, the defendant does not possess the statutory authority to fix in its timetable for the 2027 general elections for campaigns to end two days before the elections.
“A Declaration is made that upon the proper interpretation of Section 33 of the Electoral Act, 2026, the timeframe prescribed by the defendant for submission of membership registers for the conduct of primary elections is not applicable to primary elections conducted for the purpose of replacing withdrawn candidates.”
Justice Umar subsequently issued an order “setting aside or nullifying the timeframes imposed by the defendant in its Revised Timetable and Schedule of Activities for the 2027 General Election for the conduct of primary elections by political parties for the 2027 general elections, the submission of personal particulars of candidates by their political parties for the 2027 general elections, the withdrawal and replacement of candidates by political parties for the 2027 general elections, the publication of the final list of candidates for the 2027 general elections and campaigning for the 2027 general elections, which is inconsistent with the provisions of the Electoral Act, 2026.”
Under the revised timetable, all 18 political parties were required to submit their membership registers to the commission by May 10, conduct primaries for the selection of candidates, and apply for withdrawals and replacements of candidates before the end of May.
While all parties have complied with the regulation and are currently conducting their primaries, the process, especially within the ruling All Progressives Congress, has generated protests in some states, with several aspirants withdrawing from the race over alleged imposition of candidates and other grievances.
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