BREAKING: Court Orders INEC To Revise Election Timetable Over 120/90-Day Rule

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According to a report by Punch Newspaper on Wednesday, May 27, 2026, the Federal High Court in Abuja has affirmed the authority of the Independent National Electoral Commission (INEC) to issue and adjust timetables for elections, while stressing that such powers must remain within the limits set by the Electoral Act, 2026.

Delivering judgment on Tuesday in a case filed by the Social Democratic Party (SDP), Justice James Omotosho held that INEC is constitutionally empowered to prepare and publish election schedules. However, the court ruled that the commission must comply strictly with statutory deadlines outlined in Sections 29(1) and 31 of the Electoral Act, 2026.

The court ordered INEC to amend its timetable and schedule of activities for the 2027 general elections to align with the provisions of the law.

The suit, filed in April 2026, challenged INEC’s revised election guidelines, particularly the timelines for party primaries, submission of candidate lists, and related electoral procedures. The SDP argued that the commission had no legal basis to shorten statutory periods provided under the law.

INEC, in its defence, maintained that its responsibilities include organising, supervising, and coordinating elections, which necessarily involves issuing timetables to guide political parties. It also argued that its revised schedule was consistent with the Constitution and the Electoral Act and that the suit was premature.

Justice Omotosho held that election timetables are essential for orderly conduct of the electoral process, describing them as a sequence of interconnected activities ranging from party membership submission to voting day.

He stated that without such a structured timetable, the electoral process could descend into disorder. The court further relied on constitutional provisions and Section 151 of the Electoral Act, 2026, which empowers INEC to issue subsidiary regulations.

On candidate substitution, the court ruled that Section 31 of the Electoral Act allows political parties up to 90 days before an election to make changes, and INEC cannot lawfully reduce this period through administrative directives.

The court also held that the statutory requirement under Section 29(1), which mandates submission of candidate particulars not later than 120 days before an election, cannot be abridged by the commission.

Justice Omotosho concluded that while INEC has authority to issue and adjust election timetables, such actions must comply fully with the Electoral Act. He therefore granted the SDP’s claims in part and ordered INEC to revise its 2027 timetable accordingly.

The court further declared that portions of INEC’s timetable that conflicted with statutory provisions were invalid, particularly those relating to nomination deadlines and substitution periods.

This ruling comes shortly after another Federal High Court judgment in a separate case filed by the Youth Party, which also nullified parts of INEC’s revised 2027 election schedule for violating statutory timelines.

Following that earlier decision, INEC filed an appeal before the Court of Appeal, seeking to overturn the ruling and defend its authority over election scheduling and guidelines.