The Independent National Electoral Commission has reiterated that political parties conducting primary elections after its May 30 deadline do so at their own risk, maintaining that such exercises remain invalid unless a higher court overturns an earlier Federal High Court ruling on the matter.
The clarification was given by the National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, during an interview.
According to him, political parties are expected to continue complying with the provisions of the Electoral Act 2026 while the commission’s appeal against the court judgment is pending before the Court of Appeal.
Haruna stated: “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.”
The position comes amid continuing legal disagreements surrounding INEC’s timetable for party primaries and candidate nominations ahead of the 2027 general elections.
Earlier, a Federal High Court in Abuja, presided over by Justice Mohammed Umar, invalidated portions of the commission’s electoral timetable and guidelines for the 2027 polls.
While delivering judgment in a suit instituted by the Youth Party, marked FHC/ABJ/CS/517/2026, the court ruled that INEC lacked the authority to reduce timelines stipulated under Section 29(1) of the Electoral Act 2026 for the submission of party membership registers and candidates’ details.
Justice Umar further held that the commission could not alter timelines already established by law, declaring that INEC exceeded the powers granted to it under the Electoral Act.
Following the ruling, the electoral body filed an appeal and sought a stay of execution, arguing that its timetable was issued in accordance with its constitutional and statutory responsibilities.
Prior to the judgment, INEC had fixed April 23 to May 30, 2026, as the period within which political parties were expected to conduct their primaries ahead of the 2027 elections. It also directed parties to adhere to other deadlines contained in its revised electoral schedule.
However, less than a day after INEC challenged Justice Umar’s decision, another Federal High Court judge, Justice James Omotosho, affirmed the commission’s authority to issue and amend election timetables.
In a judgment delivered in Suit No. FHC/ABJ/CS/720/2026, filed by the Social Democratic Party, Justice Omotosho held that INEC possesses constitutional powers to prepare election schedules and timetables.
The judge nonetheless stressed that such powers must be exercised within the limits prescribed by the Electoral Act 2026.
