The Independent National Electoral Commission (INEC) has warned political parties that any primary election conducted after its May 30, 2026 deadline remains invalid unless a higher court overturns an earlier Federal High Court judgment currently under appeal.
INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, said political parties are expected to continue complying with the provisions of the Electoral Act 2026 pending the outcome of the commission’s appeal at the Court of Appeal.
According to Haruna, any primary election held outside the May 30 window risks being nullified, stressing that political parties should be guided by the existing provisions of the law until the legal dispute is conclusively resolved.
The clarification follows a controversy triggered by a Federal High Court judgment delivered by Justice Mohammed Umar, which nullified aspects of INEC’s timetable and guidelines for the 2027 general election.
In the suit filed by the Youth Party, the court held that INEC lacked the authority to shorten timelines prescribed under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars. The court further ruled that the commission acted beyond its statutory powers by abridging timelines established by law.
INEC has since appealed the judgment and applied for a stay of execution, maintaining that its electoral timetable was issued in line with its constitutional and statutory responsibilities.
Before the court ruling, the commission had fixed April 23 to May 30, 2026, as the period for political parties to conduct primaries ahead of the 2027 general election and directed parties to adhere strictly to the approved schedule.
Meanwhile, a separate judgment by Justice James Omotosho of the Federal High Court in Abuja affirmed INEC’s constitutional power to issue and amend election timetables, although the court emphasized that such powers must be exercised within the limits prescribed by the Electoral Act. The latest position by INEC suggests that parties conducting primaries outside the May 30 deadline may face disqualification of such exercises pending the outcome of the commission’s appeal.
