The Independent National Electoral Commission (INEC) has warned political parties that any primary election conducted outside its May 30 deadline remains invalid unless a higher court rules otherwise.
INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, disclosed this in a chat with Punch.
Haruna said parties must continue to comply with the Electoral Act 2026 pending the determination of INEC’s appeal before the Court of Appeal.
The INEC commissioner said primaries conducted after the commission’s deadline would not be valid for now.
Haruna said, “Obviously, for now, any primary held outside INEC’s May 30 deadline will be invalid unless the Court of Appeal overturns the Federal High Court judgment in INEC’s appeal against the ruling that the timetable breached the Electoral Act 2026 in some of its provisions.
“In other words, for now, the political parties are better advised to be guided by the existing Act.”
Court Nullified Timetable Provisions
Haruna’s position followed the legal dispute over INEC’s timetable for party primaries and candidate nominations ahead of the 2027 general election.
A Federal High Court in Abuja, presided over by Justice Mohammed Umar, had nullified aspects of INEC’s electoral guidelines and schedule for the 2027 elections.
The judgment was delivered in a suit filed by the Youth Party (YP) against INEC, marked FHC/ABJ/CS/517/2026.
YP is a recognised political party in Nigeria, officially registered by INEC. It was founded by young professionals and activists to expand the democratic space, challenge “money politics” and godfatherism, and promote a new generation of accountable leadership.
Justice Umar held that INEC could not lawfully shorten timelines provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.
The court also held that the commission acted outside its statutory powers by abridging timelines already provided in the Act.
INEC has appealed the judgment and sought a stay of execution. The commission insisted that its timetable was issued in line with its constitutional and statutory responsibilities.
Before the ruling, INEC had fixed April 23 to May 30, 2026, as the window for political parties to conduct primaries for the 2027 general election.
The commission also directed parties to comply with other timelines in its revised election schedule.
Less than 24 hours after INEC appealed Justice Umar’s judgment, another Federal High Court in Abuja affirmed the commission’s power to issue and alter election timetables.
Justice James Omotosho gave the ruling in a suit filed by the Social Democratic Party (SDP), marked FHC/ABJ/CS/720/2026.
He held that INEC was constitutionally empowered to issue election timetables and schedules of activities.
The judge, however, ruled that the commission must exercise those powers within the timelines prescribed by the Electoral Act 2026.
