2027 elections: Six legal hurdles before INEC that could shake everything up

By: Abudu Olalekan

It’s barely been four months since the Independent National Electoral Commission (INEC) published its revised timetable for the 2027 general elections.

The electoral body is facing multiple law suits, which if not resolved could derail Nigeria’s democratic transition.

Summary

On February 26, INEC published a timetable for the 2027 general elections.

Political parties were required to submit party membership registers between March 24 and April 25, with primaries concluding by May 31.

The submissions of presidential and National Assembly nomination forms open June 27 and close July 11 this year.

Governorship and House of Assembly forms are due between July 18 and August 8.

Campaigns for presidential and National Assembly elections begin August 19.

INEC will publish the final candidate list on September 12, with the presidential and National Assembly elections slated for January 16, 2027, and governorship and state assembly elections on February 6, 2027.

However, there are several challenges to the timetable in the Federal High Court and the Court of Appeal.

There are at least six cases questioning INEC’s powers, the validity of the timetable, and the very existence of some political parties.

The verdicts in these cases will determine INEC’s constitutional powers, whether certain political parties will exist in 2027, and affect the campaign and electoral processes.

Youth Party Vs INEC

FHC/ABJ/CS/517/2026 is the case number of the first challenge to INEC’s revised timetable for the 2027 general elections.

It was filed by the Youth Party at the Federal High Court in Abuja, challenging INEC’s publication of the timetable, which it views as an overreach of powers.

The Youth Party argued that INEC’s timetable for the elections was in violation of the Electoral Act, particularly on the timeline for submission of party membership registers, primaries, submission of nomination forms, withdrawal and substitution of candidates, and publication of candidate particulars.

They challenged several sections of the Electoral Act, seeking the annulment of the guidelines used by INEC in coming up with the revised timetable for the 2027 general elections.

However, the ruling in the case by the Federal High Court was that INEC’s powers to organize and regulate elections in Nigeria are not absolute, and the court had jurisdiction to intervene when it feels that the powers INEC exercises are beyond the constitutional mandate.

The Court also noted that while the INEC has constitutional powers to develop and publish election guidelines, such powers cannot override or override the specific directions of the Electoral Act, and consequently declared INEC’s guidelines for the 2027 timetable to be invalid and ultra vires.

INEC is not amused by the ruling and has filed an appeal at the Court of Appeal, arguing that the Federal High Court misinterpreted its constitutional and statutory powers to organize and regulate elections.

INEC argued that by the Federal High Court’s ruling, the constitutional and statutory powers of the INEC to regulate elections have become very limited, and that by removing certain timelines, it has created a myriad of anomalies, undermining the regulation of general elections in 2027.

The Court of Appeal heard the arguments from both sides and reserved the judgment.

However, the implications of this case are enormous, relating to the validity of the time frame for political parties to complete primaries and submit nomination forms to INEC.

SDP Vs INEC

FHC/ABJ/CS/720/2026 is another case challenging INEC’s timetable for the 2027 general elections, filed by the Social Democratic Party (SDP).

Like the case filed by the Youth Party, the SDP is also challenging INEC’s timetable, on grounds that the provisions for nomination and substitution of candidates are ultra vires the provisions of the Electoral Act.

They prayed the court to declare INEC’s guidelines for the 2027 elections as invalid.

The ruling in the case by the Federal High Court was that while INEC has the right to publish a timetable for the regulation of elections in Nigeria, its right doesn’t extend to amending or adding timelines for the submission of nomination forms in violation of the Electoral Act, and consequently declared the guidelines for the 2027 timetable for elections ultra vires.

INEC has also filed an appeal against this ruling, arguing that the Federal High Court made erroneous interpretations of the Electoral Act and failed to take into account the operational aspects of elections.

The Court of Appeal heard the arguments from both parties and reserved the judgment.

The implications of this case also relate to the validity of the time frame for political parties to complete primaries and submit nomination forms to INEC.

Appeal Court To Determine INEC’s Powers

It is expected that the Courts of Appeal will hear the petitions from both cases, FHC/ABJ/CS/517/2026 and FHC/ABJ/CS/720/2026, which have the potential to derail the election readiness preparations for the 2027 general elections.

In the first case, the Federal High Court ruled that INEC’s timetable for the 2027 general elections was violative of the Electoral Act and consequently declared it invalid.

The ruling was that the INEC cannot shorten the timelines for primaries, submission of membership registers, nominations, withdrawal and substitution of candidates that have been stipulated by the Electoral Act.

In the second case, the court ruled that while INEC has the constitutional powers to develop and publish a timetable for elections, its powers are restricted by the provisions of the Electoral Act.

However, the court found that INEC’s powers to regulate elections in Nigeria allow it to develop a timetable for elections, but not to the point of amending timelines for nomination and substitution of candidates.

INEC is expected to file a petition at the Court of Appeal to review the judgment of the Federal High Court, arguing that the ruling has unnecessarily restricted its constitutional and statutory powers to regulate elections in Nigeria.

The petition will argue that the Federal High Court made erroneous interpretations of the Electoral Act, failing to take into account the sequential nature of the electoral process, and will request the Court of Appeal to review the judgment of the Federal High Court.

The judgment in these cases will go a long way in determining the extent of the powers INEC has to prescribe timelines for elections in Nigeria beyond what has been stipulated in the Electoral Act.

The judgment is also expected to determine the validity of the time frame for political parties to complete primaries and submit nomination forms to INEC.

Five Parties’ Existence Challenged

FHC/ABJ/CS / 2637 / 2026 is the case number of another challenge to INEC’s timetable for the 2027 general elections, filed by the Incorporated Trustees of the National Forum of Former Legislators against the African Democratic Congress, Accord, Action Alliance, Action People’s Party, and Zenith Labour Party, questioning their eligibility to participate in Nigeria’s elections and requesting INEC to deregister them.

The Federal High Court ruled that INEC should deregister the five parties.

However, the judgment was stayed by the Court of Appeal pending the outcome of the appeals by the affected parties to the ruling.

The judgment in this case could derail INEC’s election readiness preparations by necessitating a stay of registration, which will require INEC to redo several preparations for the general election.

NDC Registration Questioned

A suit questioning the validity of Nigeria Democratic Congress’s (NDC) registration is also before the Federal High Court.

The case, FHC/ABJ/CS / 1115 / 2026, was filed by Ahidjo Ibrahim Karlahi against INEC and the NDC, asking the court to declare INEC’s decision to register the NDC as valid for the purpose of contesting the 2027 general elections.

The judgment in this case will determine the continuation of NDC’s existence in Nigeria’s political space before the closing date for the submission of nomination forms and the publication of the final candidate list for the presidential and National Assembly elections.

Five Parties To Battle At Appeal Court

Another implication of the judgment in FHC/ABJ/CS / 2637 / 2026, which questioned the eligibility of the African Democratic Congress, Accord, Action Alliance, Action People’s Party, and Zenith Labour Party to participate in Nigeria’s elections, to take center stage in the coming days, as the five parties challenge the judgment in the Court of Appeal.

INEC has been summoned to appear before the Court of Appeal.

The five parties are asking the Court of Appeal to set aside the judgment of the Federal High Court, arguing that the ruling was erroneous and that the trial judge was wrong in directing INEC to deregister them.

The five parties also argued before the Court of Appeal that there was no reason for them to deregister, and requested the court to preserve their legal existence before the 2027 general elections.

When the case was heard before a three-judge panel at the Court of Appeal in Abuja on July 7, 2026, the case was adjourned to July 14, 2026, to allow the parties to regularize and exchange court processes.

If the judgment of the Court of Appeal upholds the Federal High Court’s judgment, it will derail INEC’s election readiness preparations by necessitating the stay of the registration of these parties, and forcing INEC to redo preparations for the general election in anticipation that these parties will participate in the election.

Alternatively, if the judgment of the Court of Appeal sets aside the judgment of the Federal High Court, these parties remain eligible to participate in the 2027 general elections.

The case will also determine whether these parties’ names will appear in the final candidate list for the presidential and National Assembly elections published by INEC on September 12, 2026.

Why These Cases Are Important

Overall, the six cases are the first test of preparations for the 2027 general elections, and the implications of the judgments in these cases will be colossal, as the courts will be called upon to interpret the constitution to determine the extent of INEC’s powers to prescribe timelines for elections in Nigeria and determine whether some of the political parties registered in Nigeria will participate in Nigeria’s democratic process.

The cases will also determine whether INEC can continue with its election readiness preparations as it currently intends.

Party primaries are over, and the period for submitting nomination forms is about to begin.

Presidential campaigns in Nigeria are scheduled to commence on August 19, with the presidential election slated for January 16, 2027.

Constitutional lawyers believe that the judgments in these six cases will shape Nigeria’s electoral landscape and affect the campaign and election results.

Lawyers’ Comments

Mike Ahamba, a lawyer, responded to the cases challenging INEC’s timetable for the 2027 general elections, saying that the Court of Appeal knows the timeline within which it is expected to deliver its judgment on the petitions.

However, he stopped short of commenting further on the cases.

“The Court of Appeal knows the time it is supposed to give judgment.

And it will either come before or after next year’s election.

But I want to say this: it is wrong for me to pre-empt the Court of Appeal.

I want to wait for them to give reasons and then I will know whether they are right or wrong.

Ahamba said on the issue of deregistration cases and appeals.

Bankole Akomolafe, SAN, on the other hand, thinks the litigation will have little or no effect on INEC’s timetable for the 2027 general election.

“It does not affect INEC’s timetable at all because INEC has taken enough precautions.

So, what they are doing at this moment, which I consider reasonable, is that they put all the names of all the parties and all the candidates that they sent to them on record and play safe.

So, if the judgment of the court comes out later, and they deregister anyone, or say, this or that party has no legitimacy to contest any election, then they simply skip those during the general election.

But it would not be that when that judgment comes out, the person, or party or candidate that was supposed to have been captured or put on record is not there, because that would nullify the whole of the election.

So, the wise thing to do, which I think INEC has acted wisely, is to register them in anticipation that all of them will pass.

In this case, like I said the other time, one cannot say which party will scale the appeal,” Bankole Akomolafe, SAN, said.

He commended the Court of Appeal’s intervention in the cases questioning the eligibility of various political parties to participate in Nigeria’s elections for preserving the status of the parties in Nigeria’s political space.

“The Court acted rightly by ordering a stay of execution of that judgment, such that INEC could go on as if those parties are duly registered, pending the determination of the appeal,” he said.

On the issue of NDC’s registration, Bankole Akomolafe, SAN, argued that INEC should have challenged the judgment that decreed the existence of the NDC.

“When you knew that they did not comply with the position of the constitution, why didn’t you challenge the judgment? It doesn’t matter that it was the court that decreed them into existence.

You will obey first, but you complain later.

I think INEC is afraid of the NDC because if it were a greater party, they would have contested it.

But that’s my opinion,” he said.

INEC’s Response

INEC is also optimistic that the litigation, which it views as a distraction from the election readiness preparations, will not derail its preparations for the 2027 general elections.

INEC National Commissioner Mohammed Kudu Haruna said as much in a phone conversation with Reportersroom on Wednesday, explaining that the electoral body would continue with its preparations for the general election while adhering to the court’s orders.

“Primaries have closed, it’s just for them (political parties) to submit the result of the primaries.

Primaries ended on May 30th.

There is a deadline for the submission of names: July 11th.

Today (Wednesday) is 8th, so there is still at least three more days to go before the deadline for submission,” Haruna said in response to queries about the on-going cases challenging INEC’s timetable for the 2027 general election and whether INEC would adjust its preparations for the general election in light of the judgments in these cases.

“When it comes to the cases brought against us by some of the political parties, of course, we expect the Courts to give a judgment that will help expedite the election readiness preparations rather than derail it.

It all depends.

Of course, the judges have a responsibility, and they know what the timetable is saying and I’m sure they will make their judgments early enough so that it doesn’t cause any constitutional crisis.

So it’s one way or the other, depending on what the courts say.

Our own is to obey the court order,” Haruna said.

Haruna noted that the Court of Appeal had ruled to stay the execution of the judgment in some cases brought before the Federal High Court questioning the eligibility of some political parties to participate in Nigeria’s elections and that INEC would continue with its preparations for the general election in anticipation that the judgment would not affect the preparations.

“No, we are going ahead as if there was no judgment because you remember there is a stay on some of these.

So, we are proceeding as if, according to our timetable.

But when the courts make their judgments, it is after then that we will sit, discuss the judgment and see how to proceed.

We will continue with the preparations for the elections.

When you are bound by the court’s order, as we are, unless the court tells us otherwise, it does not affect the schedule.

The submission deadline still remains July 11th,” Haruna said in response to questions about whether INEC takes the litigation as a pointer that there is something wrong with the timetable for the 2027 general elections.

However, Haruna stressed that INEC could not comment on possible implications of the judgments in these cases on its election readiness preparations until the commission had studied the judgments.

“I can’t tell you that now because once we receive the judgement, we will have to study it and then the commission will sit and take a decision.

One way or the other, I can’t just on my own, tell you that we decide this way or the other.

So, the commission has to meet, consider the court judgment and then decide what is best,” he said.

Expert Opinion

Political scientists have warned that the cases questioning the eligibility of some of the political parties to participate in Nigeria’s elections, the validity of INEC’s timetable for the 2027 general elections, and INEC’s powers to organize and regulate elections in Nigeria, if not concluded before the general elections, could derail election readiness preparations.

The experts, who spoke to Reportersroom on Wednesday, noted that while the litigants in these cases have a constitutional right to seek redress from the courts, they should be wary of the implications of prolonged judicial processes.

“The cases brought before the courts are by individuals or groups of people who are dissatisfied with INEC’s decisions.

They are challenging INEC’s powers to organize and regulate elections, the validity of INEC’s timetable for the 2027 general election and the eligibility of some of the political parties to participate in Nigeria’s elections.

However, the parties to these cases should be aware that the prolonged litigation has the potential to derail the election readiness process.

At this point, what we need is a quick resolution of the issues in these cases so that INEC can continue with its preparations for the 2027 general elections without further disruptions.

At this point, we can’t have situations where the elections are postponed because of the litigation,” Professor Gbade Ojo, a professor of Political Science at the University of Ilorin, said.

Professor Ayodele Adisa, a professor of Political Science at the University of Ibadan, agrees that the issues in these cases should not affect INEC’s election readiness preparations.

“These cases are affecting the election readiness preparations, but the effects are minimal.

The litigation may affect the election results if it is not concluded before the elections.

However, at this point, the focus should be on ensuring that the issues in these cases are resolved so that Nigeria can have credible elections in 2027.

The people deserve a free and fair election process,” Adisa said.