NEWS
INEC Warns Parties, Says “Primaries Held Outside May 30 Deadline Remain Invalid Amid Legal Battle“
The Independent National Electoral Commission has issued a stern warning to political parties across the country, declaring that any primary election conducted outside its May 30 deadline remains invalid unless a superior court overturns an earlier judgment delivered by the Federal High Court.
The clarification, coming amid mounting political tension and legal disputes ahead of the 2027 general elections, underscores the uncertainty currently surrounding party primaries, candidate nominations, and compliance with the Electoral Act 2026.
INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, disclosed the commission’s position during a chat with The Punch, stressing that political parties must continue to comply with the provisions of the Electoral Act pending the outcome of the commission’s appeal before the Court of Appeal.
Haruna stated: “Obviously, for now, any primary held outside INEC’s May 30 deadline will be invalid unless the Court of Appeal overturns the Federal High Court judgment in INEC’s appeal against the ruling that the timetable breached the Electoral Act 2026 in some of its provisions.
“In other words, for now, the political parties are better advised to be guided by the existing Act.”
The warning comes against the backdrop of an ongoing legal confrontation over INEC’s timetable for party primaries and candidate submissions ahead of the 2027 elections.
A Federal High Court sitting in Abuja and presided over by Justice Mohammed Umar had earlier nullified aspects of INEC’s electoral guidelines and timetable prepared for the conduct of the 2027 general elections.
Justice Umar, in his ruling on a suit filed by the Youth Party marked FHC/ABJ/CS/517/2026, held that INEC acted beyond its statutory powers by attempting to shorten timelines already guaranteed under Section 29(1) of the Electoral Act 2026.
The court ruled that the commission could not lawfully abridge the timelines provided for the submission of party membership records and candidates’ particulars, insisting that the electoral body must strictly operate within the provisions of the law.
The judgment created fresh uncertainty within political circles, especially for parties already preparing their nomination processes and internal elections ahead of the next general election cycle.
Before the ruling, INEC had approved April 23 to May 30, 2026, as the official period for political parties to conduct their primaries nationwide. The commission had also directed parties to strictly comply with all other timelines contained in its revised electoral schedule.
Following the judgment, however, INEC swiftly approached the Court of Appeal and filed for a stay of execution, maintaining that its timetable was issued in line with its constitutional responsibilities and powers under the law.
In what appears to be a conflicting judicial interpretation, another Federal High Court in Abuja, presided over by Justice James Omotosho, delivered a separate judgment less than 24 hours after INEC filed its appeal, affirming the commission’s powers to issue and alter election timetables.
Justice Omotosho, while ruling in a suit filed by the Social Democratic Party in Suit No: FHC/ABJ/CS/720/2026, held that INEC possesses constitutional authority to issue schedules and timelines for elections.
The judge, however, emphasized that such powers must still be exercised within the confines of the Electoral Act 2026, particularly regarding timelines already stipulated by law.
As the legal tussle continues, political parties are increasingly facing pressure to avoid procedural mistakes that could jeopardize their candidates ahead of the 2027 polls.
Meanwhile, fresh controversy has also erupted within the African Democratic Congress in Kaduna State after the party’s primary election appeals committee ordered reruns in several federal and state constituencies over allegations of irregularities and fraud.
Chairman of the committee, Dr Muhammed Fagge, revealed that the panel conducted an extensive review of petitions, documentary evidence, and submissions from aggrieved aspirants before reaching its decisions.
According to him, the committee uncovered multiple irregularities and fraudulent practices in parts of the primaries.
As a result, several elections were declared inconclusive, while reruns were ordered in constituencies where the panel discovered procedural breaches, omission of aspirants from ballot papers, and insufficient evidence that voting actually took place.
One of the affected areas was the Ikara/Kubau Federal Constituency, where the committee directed a fresh primary after establishing that Ibrahim Kubau, a duly screened aspirant, was omitted from ballot papers.
The committee also ordered a rerun in the Kaduna South Federal Constituency after investigations allegedly revealed a lack of credible evidence proving that elections were conducted across all wards.
Fagge disclosed that rerun elections would affect several constituencies and wards across Kaura, Soba, Ikara, Kajuru, Badarawa/Malali, Magajin Gari II, Birnin Gwari, Tudun Wada West, Igabi, Kagarko, Kawo, Zaria, Chikun/Kajuru, and Kudan/Makarfi, among others.
He explained that the decision was necessary to preserve the credibility and integrity of the party’s nomination process.
The committee also addressed the Kaduna North Senatorial District primary, warning that any attempt to adopt a consensus or affirmation arrangement without the consent of all parties involved would be invalid.
Fagge maintained that no aspirant should be denied fair participation due to procedural lapses or electoral irregularities.
Haruna’s latest clarification from INEC has now heightened concerns among political parties, as any primary election conducted outside the May 30 deadline could ultimately be invalidated pending the final determination of the appeal before the Court of Appeal.