Appeal Court Restores INEC’s 2027 Election Timetable

The Court of Appeal in Abuja has overturned a Federal High Court judgment that cancelled the timetable released by the Independent National Electoral Commission (INEC) for the 2027 general elections.

In a unanimous decision delivered by a three-member panel on Thursday, the appellate court ruled in favour of INEC, allowing the commission’s appeal against the judgment delivered by the Federal High Court on May 20.

The Appeal Court held that the lower court failed to follow existing legal authorities when reaching its decision. It also ruled that the revised timetable issued by INEC forms part of subsidiary legislation under the Electoral Act 2026 and carries the same legal effect as the Act itself.

According to the court, INEC acted within the powers granted to it by law when it issued the election timetable. It added that every deadline contained in the revised schedule falls within the provisions of the Electoral Act.

INEC had filed its appeal on May 25, presenting nine grounds to challenge the High Court’s ruling. The commission argued that the trial court failed to determine an important issue relating to jurisdiction before deciding the case.

The electoral body also maintained that the lawsuit filed by the Youth Party (YP) was based on hypothetical issues and did not present a real dispute that required judicial intervention. It argued that the trial court’s failure to address its objections denied it a fair hearing.

INEC further argued that the High Court wrongly interpreted Sections 29(1), 82 and 84 of the Electoral Act 2026 by concluding that the commission had no authority to fix timelines for political parties to conduct their primaries before submitting candidates for the general elections.

According to the commission, the decision did not properly consider the evidence placed before the court. It therefore asked the Appeal Court to set aside the judgment and dismiss the Youth Party’s case.

INEC also argued that the Youth Party lacked the legal standing to institute the suit because the matter it presented was merely academic.

The Federal High Court had earlier nullified the timetable issued by INEC for party primaries and candidate nominations ahead of the 2027 general elections.

The court also cancelled the May 10 deadline set by INEC for political parties to submit their membership registers and databases as part of the requirements for participating in the elections.

Justice Mohammed Umar ruled that the deadlines fixed by INEC for party primaries, candidate submissions, withdrawals and replacements were inconsistent with the Electoral Act 2026.

The case arose from a suit filed by the Youth Party, which asked the court to compel INEC to comply with the provisions of the Electoral Act regarding the statutory deadlines for submitting party registers and candidates’ personal details.

The suit, marked FHC/ABJ/CS/517/2016, listed INEC as the only defendant.

The Youth Party argued that the Electoral Act only empowers INEC to receive notices of party primaries, monitor the exercises and collect candidates’ particulars, but does not give the commission the authority to decide when political parties must conduct their primary elections.

In his judgment, Justice Umar held that Section 29(1) of the Electoral Act gives political parties up to 120 days before an election to submit candidates’ personal particulars, adding that INEC could not reduce that period through its election timetable.

The judge also ruled that Section 31 of the Electoral Act allows political parties to withdraw and replace candidates up to 90 days before an election, meaning the commission could not fix an earlier deadline.

He further held that Section 32 of the Electoral Act does not permit INEC to publish the final list of candidates earlier than the minimum 60-day period provided by law.

With Thursday’s ruling, the Court of Appeal has restored INEC’s revised timetable for the 2027 general elections, allowing the commission to proceed with its election schedule.