By Ify Okoli
The Independent National Electoral Commission has cautioned
political parties that any primary election conducted after its May 30 deadline
could be declared invalid, unless a higher court overturns an earlier ruling
that challenged parts of the commission’s election timetable.
The warning was given
by Mohammed Kudu Haruna, a National Commissioner and Chairman of INEC’s
Information and Voter Education Committee, during an interview.
According to Haruna, political parties should continue to
follow the provisions of the Electoral Act 2026 and respect the commission’s
existing timetable while waiting for the outcome of INEC’s appeal at the Court
of Appeal.
He explained that, for now, any primary election held outside
the May 30 deadline remains vulnerable to being invalidated. The only
exception, he said, would be if the appellate court eventually overturns the
earlier judgment that questioned parts of INEC’s schedule for the 2027
elections.
The controversy stems from an ongoing legal battle over the
timetable issued by INEC for party primaries and candidate nominations ahead of
the next general election.
Earlier, a Federal High Court in Abuja, presided over by Justice
Mohammed Umar, ruled against certain aspects of INEC’s guidelines. The judgment
came after a suit filed by the Youth Party.
In his decision, Justice Umar held that INEC did not have
the authority to shorten timelines already provided under the Electoral Act
2026. He stated that the commission could not lawfully reduce the period
allowed for political parties to submit membership records and details of
candidates seeking elective office.
The court further ruled that the electoral body had exceeded
the powers granted to it by law by introducing timelines that differed from
those contained in the Act.
Not satisfied with the judgment, INEC quickly filed an
appeal and requested a stay of execution. The commission argued that its
timetable was issued in line with its constitutional responsibilities and was necessary
for the smooth conduct of the electoral process.
Before the court ruling, INEC had fixed April 23 to May 30,
2026, as the official period for political parties to conduct their primaries
ahead of the 2027 elections.
Interestingly, less than a day after INEC filed its appeal,
another Federal High Court judge, Justice James Omotosho, delivered a separate
judgment that appeared to support the commission’s authority.
In a case brought by the Social Democratic Party, Justice
Omotosho affirmed that INEC has the constitutional power to issue election
schedules and timetables. However, he also stressed that such powers must be
exercised within the limits set by the Electoral Act.
Meanwhile, the legal uncertainty comes as the African
Democratic Congress is dealing with disputes arising from its recent primaries
in Kaduna State.
The party’s appeals committee ordered fresh elections in
several constituencies after reviewing complaints from aggrieved aspirants.
Committee chairman Muhammed Fagge said investigations uncovered irregularities,
procedural breaches and cases where candidates were allegedly omitted from
ballot papers.
Fresh primaries have now been ordered in several affected
areas as the party seeks to protect the credibility of its nomination process.
With INEC’s appeal still pending, political parties are
being urged to tread carefully. For now, the commission’s message is clear: any
primary conducted after May 30 could face serious legal challenges unless the
courts decide otherwise.
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