The Independent National Electoral Commission (INEC) has warned political parties that any primary election held beyond the commission’s May 30 deadline will be illegitimate, unless a higher court overturns an earlier Federal High Court decision on the subject.
Mohammed Kudu Haruna, INEC National Commissioner and Chairman of the Information and Voter Education Committee, made the revelation in an interview with The Punch.
He instructed political parties that they must continue to comply with the provisions of the Electoral Act 2026 while the commission’s appeal is heard by 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 INEC commissioner’s position comes amid an ongoing court battle over the commission’s timeline for party primaries and candidate nominations ahead of the 2027 general election.
In a decision, Justice Mohammed Umar of the Federal High Court in Abuja declared some portions of INEC’s electoral instructions and schedule for the 2027 general elections null and void.
Justice Umar, delivering judgment in a suit filed by the Youth Party against INEC, marked FHC/ABJ/CS/517/2026, held that the commission could not lawfully shorten the timelines provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.
The court also held that INEC could not abridge timelines already provided under the Electoral Act 2026, noting that the electoral body acted outside its statutory powers under the Electoral Act 2026.
INEC subsequently filed an appeal and sought a stay of execution of the judgment, insisting that its timetable was issued in line with its constitutional and statutory responsibilities in the electoral process.
Prior to the court order, INEC had allowed April 23 to May 30, 2026, as the window for political parties to hold primaries ahead of the 2027 general election.
The commission also asked parties to follow other deadlines outlined in its revised election calendar.
Meanwhile, less than 24 hours after INEC appealed Justice Umar’s decision, Justice James Omotosho of the Federal High Court in Abuja maintained the INEC’s authority to issue and modify election timetables.
Justice Omotosho ruled in Suit No: FHC/ABJ/CS/720/2026, filed by the Social Democratic Party, that INEC had the constitutional authority to produce election timelines and schedules of activities for elections.
However, the judge ruled that, while the commission has such powers, they must be exercised precisely within the timeframes specified by the Electoral Act of 2026.
The news comes as the African Democratic Congress primary election appeals committee in Kaduna State orders rerun polls in numerous federal and state constituencies in response to petitions filed after the party’s recent primaries.
Dr. Muhammed Fagge, chairman of the committee, stated that the panel thoroughly studied petitions, documentary evidence, and comments by dissatisfied aspirants before making its conclusion.
According to him, the committee discovered irregularities and fraudulent behaviors in several primary polls.
As a result, the panel deemed numerous primaries inconclusive and ordered reruns in seats where it discovered significant irregularities, procedural violations, the omission of aspirants from vote sheets, and insufficient evidence that voting occurred.
The commission ordered a new primary in the Ikara/Kubau Federal Constituency after discovering that Ibrahim Kubau, a duly screened candidate, had been left off the vote sheets.
Similarly, it ordered a rerun in the Kaduna South Federal Constituency after investigations revealed a lack of convincing evidence that polls were held in all wards of the constituency.
Fagge said rerun elections would be held in affected wards and constituencies 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 said the decision was aimed at safeguarding the credibility and integrity of the party’s nomination process.
The committee also ruled on the Kaduna North Senatorial District primary, declaring that any attempt to adopt a consensus or affirmation process would be invalid unless it had the consent of all parties involved.
Fagge stressed that no aspirant should be denied a fair opportunity due to procedural lapses or electoral irregularities.
Haruna’s most recent clarification on the INEC deadline, however, indicated that, pending the outcome of the appeal, political parties risk having any primary elections held after the May 30 deadline.
Haruna’s most recent clarification on the INEC deadline, however, indicated that, pending the outcome of the appeal, political parties risk having any primary elections held after the May 30 deadline.
