The Supreme Court of Nigeria has upheld the Independent National Electoral Commission's (INEC) timetable for the 2027 general elections. The court's decision was made in an appeal filed by INEC against the Zenith Labour Party (ZLP). The apex court struck out an appeal by the Youths Party (YP) as incompetent and set aside the judgment of the Court of Appeal, which had voided sections of INEC's revised timetable.
The controversy began in May when a Federal High Court in Abuja, presided over by Hon Justice Mohammed Umar, voided sections of INEC's revised timetable. The court had ruled that certain provisions of the Electoral Act, 2026, which INEC relied on to create its timetable, were inconsistent with the Constitution. The affected sections included those related to the timeline for party primaries and candidate nominations.
INEC had argued that it had the power to issue a revised timetable under the Electoral Act, 2026, and the 1999 Constitution (as amended). The Commission cited Section 151 of the Electoral Act, which allows it to issue regulations, guidelines, or manuals for the purpose of giving effect to the provisions of the Act and for its administration. INEC's timetable had been designed to provide a framework for the conduct of party primaries and the nomination of candidates for the 2027 general elections.
The Supreme Court's decision has significant implications for the 2027 general elections. The court's ruling has restored INEC's authority to regulate the electoral process and ensure a smooth transition. The decision also provides clarity on the interpretation of the Electoral Act, 2026, and the powers of INEC. The court has reaffirmed INEC's role in organizing, undertaking, and supervising all elections in Nigeria.
The Supreme Court's judgment was based on the doctrine of reasonable conduct, which requires an administrative agency to act logically, fairly, and non-arbitrarily. The court considered factors such as whether the time given was reasonable, whether any party would be prejudiced by the timetable, and whether the administrative decision would aid the effective performance of INEC's functions.
The Electoral Act, 2026, was made pursuant to and is subservient to the 1999 Constitution (as amended). The Act establishes INEC and confers powers on it to regulate the electoral process. Section 153 of the Constitution gives life to INEC, while Part 1 of the Third Schedule, paragraph F(14) and (15), provides INEC with the power to organize, undertake, and supervise all elections.
The Supreme Court's decision has brought to an end the uncertainty surrounding INEC's timetable for the 2027 general elections. The court's ruling has provided a clear direction for INEC and political parties, ensuring that the electoral process can proceed smoothly. The decision has also underscored the importance of INEC's independence and its role in ensuring the integrity of the electoral process.
Key points
- The Supreme Court has upheld INEC's timetable for the 2027 general elections, reversing a lower court's decision that had voided sections of the timetable.
