The Independent National Electoral Commission (INEC) has cautioned political parties that any primary election conducted after the May 30, 2026 deadline remains invalid unless an appellate court overturns a recent Federal High Court ruling concerning the commission’s timetable.
Speaking on the issue, INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, said political parties should continue to operate within the provisions of the Electoral Act 2026 while the commission’s appeal is being considered by the Court of Appeal.
According to Haruna, parties that organise primaries outside the approved period do so at their own risk, as the existing legal framework remains in force pending the outcome of the appeal.
The controversy stems from a court judgment that challenged aspects of INEC’s timetable and guidelines for the 2027 general election.
In a suit filed by the Youth Party, Justice Mohammed Umar of the Federal High Court in Abuja ruled that INEC lacked the authority to reduce timelines stipulated under Section 29(1) of the Electoral Act 2026 for the submission of party membership registers and candidates’ details.
The court held that the electoral body exceeded its powers by shortening deadlines already prescribed by law and subsequently nullified the affected provisions of the timetable.
Dissatisfied with the ruling, INEC filed an appeal and sought a stay of execution, arguing that its timetable was issued in accordance with its constitutional and statutory responsibilities.
Before the judgment, the commission had fixed April 23 to May 30, 2026, as the period within which political parties were expected to conduct their primaries ahead of the 2027 elections.
In a separate development, another Federal High Court judge, Justice James Omotosho, upheld INEC’s constitutional authority to issue and modify election schedules. Delivering judgment in a suit instituted by the Social Democratic Party, he affirmed that the commission possesses the power to determine election timetables, provided such actions comply with the Electoral Act.
Meanwhile, the African Democratic Congress Appeals Committee in Kaduna State has ordered fresh primary elections in several constituencies following complaints arising from the party’s recently concluded primaries.
Chairman of the committee, Dr. Muhammed Fagge, disclosed that investigations revealed various irregularities, including the exclusion of qualified aspirants from ballot papers, procedural violations and insufficient evidence that voting took place in some locations.
As a result, rerun primaries have been approved in a number of federal and state constituencies across Kaduna State, including Ikara/Kubau and Kaduna South Federal Constituencies, among others.
Fagge explained that the decision was taken to preserve the credibility of the party’s nomination process and ensure fairness for all aspirants.
He also ruled that any attempt to adopt candidates through consensus or affirmation in the Kaduna North Senatorial District would be invalid unless all affected aspirants agreed to the process.
The latest clarification from INEC suggests that political parties may face serious consequences if they conduct primary elections beyond the May 30 deadline while the legal dispute remains unresolved.