…Recontest and return as candidates
In a landmark judgement with far-reaching implications for Nigeria’s 2027 general elections, the Federal High Court in Abuja has delivered a sweeping verdict that significantly alters the political landscape governing party primaries, candidate substitution, and the powers of the Independent National Electoral Commission (INEC).
Delivering judgement, Justice M.G. Umar nullified several provisions and administrative guidelines relating to political party primaries and candidate nominations, declaring that political parties retain substantial control over their internal affairs without undue interference from INEC.
The court held that aspirants who lost party primaries are now legally permitted to defect to another political party and still participate in fresh substitution primaries ahead of the 2027 elections without undue interference from INEC.
The court held that aspirants who lost party primaries are now legally permitted to defect to another political party and still participate in fresh substitution primaries ahead of the 2027 elections.
In one of the most consequential aspects of the ruling, the court struck down the Electoral Act provision requiring political parties to submit their membership registers at least 21 days before conducting primary elections. The court further ruled that fresh membership registers can be submitted for substitution primaries, thereby allowing new entrants and defectors to participate in such exercises.
Justice Umar also invalidated INEC’s revised timetable regulating the conduct of party primaries, ruling that the electoral body lacks the constitutional authority to impose dates for internal political party activities.
The court further nullified INEC’s decision to abridge the time allotted to political parties for submitting particulars of nominated candidates, insisting that political parties must be allowed the full statutory period provided by law.
In another major pronouncement, the court struck down INEC’s powers to reduce the timeline for substitution of candidates, reinforcing the autonomy of political parties in managing their nomination processes.
Justice Umar equally ruled that INEC cannot publish the final list of candidates outside the constitutionally prescribed minimum period of 60 days before an election.
The judgement effectively voided INEC’s revised timetable relating to:
Conduct of primary elections;
Submission of nominated candidates;
Publication of candidates’ particulars;
Substitution of candidates; and
The controversial 21-day membership register submission requirement.
Political observers say the ruling could trigger a major wave of defections, strategic political realignments, and fresh nomination battles ahead of the 2027 polls, while significantly weakening INEC’s administrative control over party nomination processes.
The judgement is already being described in political circles as one of the most consequential electoral rulings capable of reshaping Nigeria’s pre-2027 political calculations.
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