Breaking: Court Voids INEC Timelines, Backs Candidate Substitution

The Federal High Court in Abuja has delivered a landmark judgment reshaping the conduct of party primaries and candidate substitution ahead of the 2027 general elections.

In the judgment delivered by Justice M.G Umar, the court held that aspirants who lost primary elections can defect to another political party and still emerge as substituted candidates for future elections.

The court nullified provisions of the Electoral Act requiring political parties to submit their membership registers to the Independent National Electoral Commission (INEC) at least 21 days before conducting primaries.

Justice Umar ruled that political parties are at liberty to submit fresh registers and allow new aspirants on such registers to participate in substitution primaries.

The court further held that INEC lacks the powers to impose timelines on the internal affairs of political parties, including the scheduling of primary elections.

According to the judgment, the electoral body cannot dictate dates for party primaries, candidate nomination processes, or other internal party activities.

The court also nullified INEC’s revised timetable on primary elections, submission of candidates’ particulars, publication of candidates’ details, and substitution procedures.

Justice Umar ruled that INEC has no authority to abridge the statutory time within which political parties can submit particulars of nominated candidates.

Similarly, the court struck down INEC’s powers to reduce the period allowed for substitution of candidates.

The court further declared that INEC cannot publish the final list of candidates outside the constitutionally recognised minimum 60-day timeline before an election.

The ruling is expected to significantly affect political party preparations and candidate nomination processes ahead of the 2027 elections, particularly in relation to defections, substitutions, and party primaries in Nigeria.