The Federal High Court sitting in Abuja has delivered a landmark judgment affecting the conduct of party primaries, candidate substitution, and electoral timelines ahead of the 2027 general elections.
Justice M.G Umar, who delivered the judgment, ruled that political parties can allow aspirants who lost in earlier primary elections to defect to another political party and still participate in fresh substitution primaries as candidates for the 2027 elections.
The court also nullified provisions of the Electoral Act that required political parties to submit their membership registers to the electoral body at least 21 days before conducting primary elections.
According to the judgment, fresh membership registers can now be submitted, while aspirants whose names appear on such registers are eligible to participate in substitution primaries.
In another major pronouncement, the court set aside the revised timetable issued by Independent National Electoral Commission for the conduct of party primaries. The court held that INEC lacks the authority to impose dates for internal party affairs, including primary elections, on political parties.
Justice Umar further nullified INEC’s decision to shorten the period within which political parties can submit particulars of their nominated candidates. The court also voided the commission’s powers to reduce the timeframe for substitution of candidates.
The judgment additionally held that INEC cannot publish the final list of candidates outside the constitutionally recognised minimum period of 60 days before an election.
The ruling effectively invalidates INEC’s revised timetable relating to the conduct of party primaries, submission of candidates, publication of candidates’ particulars, substitution procedures, and the 21-day membership register requirement.
The decision is expected to generate significant political and legal reactions as preparations gradually begin for the 2027 general elections.
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