*APC Was Given Head Start, Alleges Yunusa
A FEDERAL High Court in Abuja has nullified the timelines issued by the Independent National Electoral Commission (INEC) for the conduct of party primaries and nomination of candidates, declaring that the electoral body lacks the statutory powers to abridge timelines provided under the Electoral Act, 2026.
By the INEC revised timetable, all political parties were expected to submit their membership registers by May 10, conduct primaries to pick candidates, apply for withdrawals and submit replacements for next year’s general elections before the end of May this year.
However, the Youth Party (YP), in the suit filed on March 11, this year, through its Counsel, J.O. Olotu, marked FHC/ABJ/CS/517/2016, with INEC as the sole defendant, sought several reliefs, including a declaration that INEC’s powers to receive notices of party primaries and candidates’ particulars, and its duty to monitor the exercises under Sections 29, 82 and 84(1) of the Electoral Act, 2026, do not extend to fixing timelines for political parties to conduct primaries ahead of the elections.
In his judgment on Thursday, May 21, Justice Mohammed Umar, held that INEC cannot “fix or prescribe the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections.”
He held that the powers granted to INEC under Sections 29, 82 and 84(1) of the Electoral Act do not extend to determining timelines for party primaries.
He, therefore, ruled: “A declaration is hereby made that upon a proper consideration and interpretation of the provisions of sections 29, 82 and 84(1) of the Electoral Act, 2026, the powers of the defendant to receive notice of party primaries and the personal particulars of candidates, and its duty to attend, observe and monitor such primaries, does not extend to fixing or prescribing the timetable within which political parties may conduct their primary elections.”
Justice Umar held that INEC cannot lawfully shorten the statutory period allowed for political parties to submit the particulars of candidates, saying that Section 29(1) of the Electoral Act requires parties to submit candidates’ particulars “not later than 120 days to an election” and that INEC “cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”
On substitution and withdrawal of candidates, the court ruled that the electoral body cannot impose earlier deadlines than those stipulated by the law.
The Judge stated: “A declaration is made that having regard to Section 31 of the Electoral Act, 2026, which permits political parties to withdraw and substitute candidates not later than 90 days to the conduct of an election, the defendant cannot lawfully abridge or limit that statutory period by fixing an earlier deadline for the withdrawal and replacement of candidates in its 2027 election timetable.”
Justice Umar also held that INEC lacks the authority to publish the final list of candidates before the statutory 60-day minimum period prescribed by the Electoral Act, and nullified the provision in the timetable fixing the end of campaigns two days before the election.
He stated: “Upon a 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 the campaign to end 2 days before the elections.”
In his reaction, National Coordinator of the Obidients Movement, Tanko Yunusa, described the ruling as a victory for democracy and fairness ahead of the elections, arguing that the earlier timetable placed opposition parties at a disadvantage, while allowing the ruling All Progressives Congress (APC) ample time and freedom to prepare ahead of other contenders.
Yunusa said the compressed schedule created unnecessary pressure on opposition parties, forcing them into hurried preparations, rushed registrations and limited consultations that could ultimately weaken internal democracy.
He expressed relief that the judgment now provides political parties ample opportunity to properly reorganise, strengthen their structures, register more members and produce credible candidates capable of offering Nigerians meaningful leadership alternatives.
Yunusa accused INEC of consistently taking decisions that appear in favour of APC, recalling that previous elections were never subjected to an excessively rushed process.
He also alleged that the National Assembly failed in its oversight responsibility by endorsing policies that gave the APC an unfair political advantage over opposition parties.
The ruling is bound to reshape political activities ahead of the elections, giving politicians who lost party primaries another opportunity to defect to rival parties and pursue their ambitions before the final deadlines.
INEC had earlier fixed the Presidential and National Assembly elections for January 16, next year, and February 6 for Governorship and state House of Assembly elections.
INEC had weeks ago announced that all 22 registered political parties had complied with the directive by submitting their membership registers before the extended May 10 deadline, after it was shifted from April 21, following complaints by political parties during consultations on March 24.
The electoral umpire, headed by Joash Amupitan, a professor of Law and Senior Advocate of Nigeria (SAN), had claimed the adjustment was in line with Section 77(4) of the Electoral Act 2026.
