2027: INEC voids primaries held after May 30
The Independent National Electoral Commission (INEC) has warned political parties that any primary election conducted outside its May 30, 2026 deadline remains invalid unless a higher court overturns an earlier Federal High Court judgment on the matter.
INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, stated this in an interview with The PUNCH, advising political parties to continue complying with the provisions of the Electoral Act 2026 pending the determination of the commission’s appeal before the Court of Appeal.
According to Haruna, political parties are expected to be guided by the existing legal framework until the appellate court delivers its verdict.
“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,” he said.
“In other words, for now, the political parties are better advised to be guided by the existing Act.”
His clarification comes amid an ongoing legal dispute over INEC’s timetable for party primaries and candidate nominations ahead of the 2027 general election.
A Federal High Court in Abuja, presided over by Justice Mohammed Umar, had earlier nullified aspects of INEC’s electoral guidelines and timetable for the 2027 elections.
In the judgment delivered in Suit No. FHC/ABJ/CS/517/2026, filed by the Youth Party against INEC, the court held that the commission could not lawfully shorten timelines provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.
Justice Umar further ruled that INEC lacked the authority to abridge timelines expressly stipulated in the Electoral Act, declaring that the commission acted beyond its statutory powers.
Following the ruling, INEC filed an appeal and sought a stay of execution, maintaining that its timetable was issued in line with its constitutional and statutory responsibilities.
Before the court judgment, the commission had approved April 23 to May 30, 2026, as the period within which political parties were to conduct their primaries for the 2027 general election.
The legal debate took another turn less than 24 hours after INEC lodged its appeal when another Federal High Court judge, Justice James Omotosho, affirmed the commission’s powers to issue and adjust election timetables.
Delivering judgment in a suit filed by the Social Democratic Party, marked FHC/ABJ/CS/720/2026, Justice Omotosho held that INEC is constitutionally empowered to issue election schedules and timetables.
However, he stressed that the commission must exercise such powers within the limits prescribed by the Electoral Act 2026.
Meanwhile, the African Democratic Congress (ADC) Primary Election Appeals Committee in Kaduna State has ordered rerun primaries in several federal and state constituencies following petitions arising from the party’s recently concluded primary elections.
Chairman of the committee, Dr. Muhammed Fagge, said the panel thoroughly reviewed petitions, documentary evidence and submissions from aggrieved aspirants before arriving at its decisions.
According to him, the committee uncovered irregularities and fraudulent practices in some of the primaries.
As a result, several elections were declared inconclusive, with reruns ordered in constituencies where substantial irregularities, procedural breaches, omission of aspirants from ballot papers and insufficient evidence of voting were established.
In Ikara/Kubau Federal Constituency, the committee ordered a fresh primary after finding that Ibrahim Kubau, a duly screened aspirant, was omitted from the ballot papers.
Similarly, a rerun was directed in Kaduna South Federal Constituency after investigations allegedly revealed a lack of credible evidence that elections were conducted across all wards.
Fagge said rerun elections would be conducted in affected wards and constituencies across Kaura, Soba, Ikara, Kajuru, Badarawa/Malali, Magajin Gari II, Birnin Gwari, Tudun Wada West, Igabi, Kagarko, Kawo, Zaria, Chikun/Kajuru and Kudan/Makarfi, among others.
He explained that the decision was aimed at protecting the credibility and integrity of the party’s nomination process.
The committee also ruled on the Kaduna North Senatorial District primary, declaring that any attempt to adopt a consensus or affirmation process without the consent of all stakeholders would be invalid.
Fagge emphasised that no aspirant should be denied a fair opportunity because of procedural lapses or electoral irregularities.
Haruna’s latest clarification, however, underscores the risk facing political parties that conduct primary elections outside INEC’s stipulated deadline, pending the final outcome of the commission’s appeal.