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INEC warns parties: Primaries held after May 30 remain invalid

The Independent National Electoral Commission (INEC) has warned political parties that any primary election conducted after its May 30, 2026 deadline remains invalid unless the Court of Appeal overturns a Federal High Court judgment challenging aspects of the commission’s electoral timetable.

INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Kudu Haruna, said political parties should continue to abide by the provisions of the Electoral Act 2026 while the commission’s appeal remains unresolved.

According to Haruna, the commission’s position is that primaries conducted outside the approved timeframe carry legal risks and may not be recognised unless the appellate court sets aside the lower court’s ruling.

The controversy stems from a judgment delivered by Justice Mohammed Umar of the Federal High Court, Abuja, in a suit filed by the Youth Party. The court nullified aspects of INEC’s timetable and guidelines for the 2027 general elections, ruling that the commission could not lawfully shorten timelines provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.

Justice Umar held that INEC acted beyond its statutory powers by abridging timelines expressly stipulated by the Electoral Act, stressing that the commission could not override provisions enacted by the National Assembly.

In response, INEC filed an appeal and sought a stay of execution, insisting that its timetable was issued in line with its constitutional and statutory responsibilities to organise and supervise elections.

Before the court ruling, INEC had scheduled April 23 to May 30, 2026, as the period for political parties to conduct primaries and submit candidates for the 2027 polls.

Adding another dimension to the legal debate, Justice James Omotosho of the Federal High Court, Abuja, in a separate suit filed by the Social Democratic Party (SDP), affirmed that INEC possesses constitutional authority to issue and modify election timetables and schedules of activities. However, he emphasised that such powers must be exercised strictly within the limits prescribed by the Electoral Act 2026.

The development has created uncertainty for parties that may be considering conducting primaries outside the commission’s original schedule, as the final position will depend on the outcome of INEC’s appeal.

Meanwhile, the African Democratic Congress (ADC) has ordered rerun primaries in several federal and state constituencies in Kaduna State after its appeals committee uncovered what it described as substantial irregularities and procedural breaches during the party’s recently concluded primaries.

Chairman of the committee, Dr. Muhammed Fagge, said investigations revealed cases of omitted aspirants, inadequate evidence that voting took place in some constituencies and other electoral infractions that undermined the credibility of the process.

The committee consequently ordered fresh primaries in affected constituencies, including Ikara/Kubau Federal Constituency and Kaduna South Federal Constituency, while also directing reruns in several wards and constituencies across the state.

Fagge stated that the decisions were aimed at protecting the integrity of the party’s nomination process and ensuring that all aspirants receive a fair opportunity to contest.

With INEC’s appeal still pending before the Court of Appeal, the commission has reiterated that political parties should comply with the May 30 deadline to avoid complications that could jeopardise the validity of their candidates ahead of the 2027 general elections.

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