A Federal High Court in Abuja has given aspirants dissatisfied with the outcomes of primary elections in their parties the leeway to defect to another party following Thursday May 21, 2026, nullification of critical provisions in the Independent National Electoral Commission’s revised timetable and schedule of activities for the 2027 general elections.
Newsmata.com.ng reports Justice Mohammed Umar in a judgement in suit FHC/ABJ/CS/517/2026 filed by the Youth Party, ruled that INEC lacked the powers to impose certain deadlines and conditions on political parties regarding the conduct of party primary elections, submission of candidates, and substitution procedures.
Umar said by the revised timetable, INEC acted beyond its statutory powers by imposing electoral timelines not backed by the Electoral Act, 2026. The court therefore ruled that aspirants who lost party primaries can defect to another political party and still emerge as candidates through substitution processes for the 2027 elections.
The court further ruled that while INEC has the authority to monitor and observe party primaries, it cannot fix or dictate when political parties must conduct their primary elections. It stated that INEC’s powers to receive notices of primaries and observe the process do not extend to prescribing timelines for political parties’ nomination processes.
Justice Umar held that political parties retained the legal right under Section 29(1) of the Electoral Act to submit candidates’ particulars up to 120 days before an election, and INEC cannot shorten that timeframe through administrative directives.
The judgement is expected to set off a flurry of political realignments as disqualified aspirants weigh their options and chances in other parties.
In another major decision, Justice Umar also reaffirmed the 90-day constitutional window for withdrawal and substitution of candidates, asserting that INEC cannot impose earlier deadlines for such processes. He, in the same vein, nullified the controversial 21-day register submission requirement.
On campaign activities, the judge also nullified INEC’s directive that campaigns should end two days before the election, noting that it lacked statutory backing under Section 98 of the Electoral Act.
Similarly, the judge ruled that INEC cannot publish the final list of candidates outside the constitutionally required minimum of 60 days before elections, adding that that timelines for submission of membership registers do not apply to primary elections conducted for the replacement of withdrawn candidates.
Consequently, the court set aside all portions of the revised timetable inconsistent with the Electoral Act, 2026, including provisions on primaries, candidate submission deadlines, substitution of candidates, publication of final lists, and campaign timelines.
The judgement restored statutory timelines governing the electoral process and limited INEC’s power to impose additional restrictions outside the law.
Significantly, Justice Umar held that fresh membership registers can still be submitted by political parties and aspirants listed in such registers are eligible to participate in substitution primaries.
This judgement is a big blow to the ruling All Progressives Congress which had thought it had effectively trapped aggrieved aspirants following their disqualification from contesting the party’s primary elections.
This development is expected to change the political dynamics in a state like Rivers where the governor was forced to dump his second term ambition and all his loyalists screened out in favour of those loyal to the minister of the Federal Capital Territory, Nyesom Wike.