By Femi Falana
Last Wednesday, the Federal High Court invalidated the timeline issued by the Independent National Electoral Commission (INEC) for the conduct of primaries and the nomination of candidates, ahead of the 2027 general election. In a judgment delivered by Justice Mohammed Umar, the Court also set aside the INEC’s May 10 deadline requiring political parties to submit a register and database of all their members as a condition for qualifying to participate in the general elections.
It held that the time frame the electoral umpire announced for political parties to conduct their primaries and to submit, withdraw, or replace the names and particulars of their candidates for the general elections “is inconsistent with the provisions of the Electoral Act, 2026.” The case was filed against INEC by the Youth Party.
Yesterday, the Independent National Electoral Commission (INEC), appealed against the Federal High Court’s judgement which nullified its revised timetable and schedule of activities for the conduct of the 2027 general elections. INEC also filed a motion for stay of execution of the judgement, pending the hearing and determination of its appeal at the Court of Appeal.
Today, the Federal High Court affirmed that the Independent National Electoral Commission (INEC) has the legal authority to fix timelines within which political parties must conduct their primaries ahead of the 2027 general elections. In the judgment, the court held that INEC is empowered under the Constitution and the Electoral Act 2026 to issue election timetables that include deadlines for political party primaries and related preparatory activities.
Justice James K. Omotosho who delivered the judgment, declared that Election Timetable is a chain of events or actions which include submission of membership register of political parties to be used for the purpose of primaries and fix timeframes within which political parties are to organize their primary Elections for the purpose of the stated 2027 Election”. The case was filed by the Social Democratic Party (SDP) against INEC.
The judgments of the both courts of coordinate jurisdiction has caused unnecessary confusion in the polity. While Justice Muhammed Umar of the Federal High Court has limited INEC’s powers by barring it from imposing deadlines that conflict with statutory provisions, Justice A. K. Omotosho of the same Court has affirmed INEC’s authority to issue timetable that includes timelines for party primaries. INEC has been empowered to choose and pick which of the judgments to complied with.
The National Judicial Council (NJC) had repeatedly cautioned Judges to desist from issuing conflicting orders, whilst lawyers have equally been warned by the Nigerian Bar Association (NBA), to stop filing cases that are programmed to cause Judges to issue conflicting orders.
In the instant case, Justice Omotosho ought to have allowed the Court of Appeal to determine the validity of the judgment of Justice Muhammed Umar instead of issuing conflicting orders.
The National Judicial Council and the Nigerian Bar Association should speedily investigate the circumstances surrounding the issuance of conflicting orders in the cases of Youth Party vs. INEC and Social Democratic Party vs. INEC.
Unless the Judges and lawyers involved in the legal charade are called to order, the 2027 election may be sabotaged by Judges and lawyers as was the case in 1993 when the Ibrahim Babangida military junta anchored the annulment of the results of the June 12 presidential election on conflicting orders of Nigerian courts.
*Falana is a Senior Advocate of Nigeria (SAN)
