The Abuja High Court preside over by Hon Justice M. G. Umar says that the Independent National Electoral Commission, INEC exceeded its statutory powers by prescribing in its 2027 election timetable that were inconsistent with the provisions of the Electoral Act.
Delivering judgment in a suit brought before it by Youth Party against INEC, Challenging the portions of INEC’s 2027 election timetable on the ground that they unlawfully abridged statutory timelines granted to political parties under the Electoral Act, the Court agreed substantially with the Plaintiff and granted the declaratory reliefs sought.
KEY HOLDINGS OF THE COURT
- INEC cannot dictate when political parties must conduct primaries beyond what the Electoral Act provides
- The Court held that although INEC has powers to receive notices of party primaries and monitor them under Sections 29, 82 and 84(1) of the Electoral Act, those powers do not include the authority to prescribe or restrict the period within which political parties may conduct their primaries for the 2027 elections.
- INEC cannot shorten the statutory period for submission of candidates
- Where the Electoral Act grants a statutory timeframe for submission of candidates and particulars, INEC cannot lawfully reduce or abridge that period through its administrative timetable.
- INEC cannot shorten the period for withdrawal and substitution of candidates
- Relying on Section 31 of the Electoral Act, the Court held that political parties retain the statutory right to withdraw and substitute candidates up to the period allowed by law, and INEC cannot impose an earlier deadline.
- INEC cannot publish the final list of candidates earlier than permitted by law
- The Court held that Section 32 of the Electoral Act prescribes the minimum statutory period before publication of final candidates’ lists, and INEC lacks authority to alter that timeline.
- INEC cannot end campaigns earlier than the Electoral Act permits
- The Court interpreted Section 98 of the Electoral Act to mean that INEC cannot lawfully fix campaign termination dates inconsistent with the Act, including requiring campaigns to end two days before election day where the statute does not so provide.
- INEC’s timetable on membership registers was inapplicable in certain substitution cases
- The Court further held that the timeframe fixed by INEC for submission of membership registers was not applicable to primary elections conducted for the purpose of replacing candidates.
The Court effectively affirmed that INEC’s powers are subject to the Electoral Act; INEC cannot, through administrative guidelines or timetables, amend, curtail, or override statutory rights and timelines granted to political parties by the National Assembly; Any portion of the 2027 election timetable inconsistent with the Electoral Act is invalid to the extent of the inconsistency.
Hanto Daily News reports that Members of the major opposition political parties spoken to see it as a major victory over the alleged attempt by INEC to do the biddings of the ruling APC through introducing stringent measures to frustrate them out of the 2027 race.
