Home News 2027: Defection looms as court voids INEC’s timelines on party primaries, nomination...

2027: Defection looms as court voids INEC’s timelines on party primaries, nomination of candidates.

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As preparation for 2027 general elections draw nearer, political parties can now breathe with a sigh of relief as a Federal High Court in Abuja ruled to invalidate the timelines that the Independent National Electoral Commission, INEC, issued for the conduct of primaries and nomination of candidates.

While delivering his judgment, the trial judge Justice Mohammed Umar, set aside INEC’s May 10, deadline requiring political parties to submit a register and database of all their members as a condition for qualifying to participate in the general elections.

In the meantime the Coalition of United Political Parties, (CUPP) and other political parties, yesterday implored INEC to obey the court judgment and immediately adjust its revised timetable for the 2027 general elections in accordance with the latest judicial development.

Elsewhere, former presidential candidate, Gbenga Hashim, said the court judgment nullifying parts of INEC’s 2027 election timetable has vindicated his long-held position that the electoral body exceeded its powers under the Electoral Act, 2026.

According to Justice Umar in his judgment held that the time-frame the Commission imposed on political parties to conduct their primaries and to submit, withdraw, or replace names and particulars of their candidates for the general elections “is inconsistent with the provisions of the Electoral Act, 2026.”

The judgment followed a suit by the Youth Party, YP, to compel INEC to comply with the Electoral Act 2026’s 120-day pre-election deadline for submitting party registers and candidates’ personal particulars.

Even though the judgment was delivered on Wednesday, the Certified True Copy, CTC, was made available just yesterday.

In YP’s suit marked: FHC/ABJ/CS/517/2016, where INEC was the only defendant, the plaintiff had prayed the court to declare 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 INEC 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 time-table within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections.

While agreeing with the YP, Justice Umar declared that in view of the provisions of Section 29(1) of the Electoral Act, 2026, which requires political parties to submit the personal particulars of their candidates not later than 120 days to an election, “INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter time-frame in its 2027 election timetable.”

Likewise, the court held that in line with 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 INEC lacks powers to abridge or limit that statutory period by fixing earlier deadline for withdrawal and replacement of candidates in its 2027 election time-table.

….the possibility of swapping among political parties is indisputable.

Justice Umar further held that by provisions of Section 32 of the Electoral Act, 2026, INEC does not possess the statutory power to publish the final list of candidates for the 2027 general election before the 60 days minimum period prescribed by law.

Other reliefs granted by the court included: “A Declaration is made that upon the proper construction of Section 98 of the Electoral Act, 2026, the defendant does not possess the statutory authority to fix in its time-table for the 2027 general elections for campaign to end two days before the elections.

With this latest development, aspirants who initially believed they have been incapacitated by the INEC guidelines can now weigh out their options of joining another party of their choice, if they are eventually maltreated during the primaries. However, such an aspirant will need to move to a popular party, in order to finally achieve their aims.

Aspirants from the APC and other opposition especially where consensus fails may be forced to leave the party in the coming weeks.  The indication of this will be a tightly contest in the next year’s general election.

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