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Court Upholds INEC’s Constitutional Power To Issue Election Timetable, Guidelines

A Federal High Court in Abuja has reaffirmed the constitutional authority of the Independent National Electoral Commission (INEC) to issue election guidelines and timetable for the conduct of elections in Nigeria.

The judgement was delivered by Justice James Omotosho on May 26, 2026, barely 24 hours after INEC filed an appeal against an earlier court ruling which nullified portions of its election guidelines issued to political parties.

The suit was instituted by the Social Democratic Party (SDP), which challenged INEC’s powers to determine and prescribe timelines for political party primaries ahead of the 2027 general elections.

Filed on April 9, 2026, the suit presented five legal questions for determination and sought seven reliefs from the court.

However, Justice Omotosho dismissed the claims of the plaintiff and held that INEC possesses the constitutional powers to regulate electoral activities, including issuing guidelines and fixing schedules for party primaries and general elections.

Counsel to INEC, Dr. Alex Izinyon (SAN), argued during proceedings that the suit was statute-barred and maintained that the electoral commission derives its authority from the Nigerian Constitution, the Electoral Act 2026, as well as decisions of appellate courts and the Supreme Court.

He further submitted that INEC acted within its legal mandate when it released the timetable for the 2027 general elections.

The ruling is being viewed as another legal victory for the electoral commission amid ongoing debates over the conduct of party primaries and preparations for the next general elections.