Court Battle Clouds INEC Primary Deadline
Political parties preparing for the 2027 general elections face growing legal uncertainty after the Independent National Electoral Commission (INEC) insisted that any primary election conducted after its May 30 deadline remains invalid unless a higher court overturns an earlier judgment affecting parts of the electoral timetable.
The clarification was issued by INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, who said political parties must continue to comply with the Electoral Act 2026 while the commission’s appeal remains before the Court of Appeal.
According to Haruna, the ongoing legal challenge to INEC’s timetable does not automatically suspend existing provisions of the Electoral Act governing party primaries.
“For now, any primary conducted outside INEC’s May 30 deadline will remain invalid unless the Court of Appeal overturns the Federal High Court judgment,” he stated, adding that political parties should continue to be guided by the law as it currently stands.
The dispute stems from a Federal High Court judgment delivered by Justice Mohammed Umar in a suit filed by the Youth Party. The court held that INEC could not lawfully reduce timelines already provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership registers and candidates’ particulars.
Justice Umar ruled that the commission exceeded its legal authority by modifying timelines expressly established by legislation. The judgment created uncertainty around aspects of INEC’s preparations for the 2027 elections and raised questions about the validity of portions of its timetable.
INEC subsequently appealed the decision and sought a stay of execution, maintaining that its timetable was issued within the scope of its constitutional and statutory responsibilities.
Before the court ruling, the commission had fixed April 23 to May 30, 2026, as the official window for political parties to conduct primaries ahead of the 2027 polls. The period was intended to allow sufficient time for the submission of candidates’ details and compliance with electoral requirements.
The legal debate has also produced differing judicial interpretations of INEC’s powers. In a separate case filed by the Social Democratic Party, Justice James Omotosho of the Federal High Court affirmed that INEC possesses constitutional authority to issue and revise election timetables. However, the judge emphasised that such powers must be exercised within the limits prescribed by the Electoral Act.
Meanwhile, internal party disputes continue to test the credibility of the nomination process. The African Democratic Congress (ADC) has ordered fresh primaries in several Kaduna State constituencies after its appeals committee identified irregularities in the conduct of earlier exercises.
Chairman of the committee, Dr Muhammed Fagge, said petitions submitted by aggrieved aspirants revealed procedural breaches, omitted candidates and insufficient evidence that voting took place in some locations. The committee consequently declared several primaries inconclusive and ordered reruns in constituencies including Ikara/Kubau and Kaduna South.
The development highlights the increasing importance of compliance with both party rules and electoral regulations as preparations for the 2027 elections gather momentum. Until the Court of Appeal delivers its judgment, political parties conducting primaries outside INEC’s May 30 deadline risk having those exercises rejected by the electoral commission.Other Suitable Headlines