Independent National Electoral Commission: Announce in NG Matter

The Independent National Electoral Commission (INEC) in Nigeria recently postponed the release of access codes to political parties, initially scheduled for Friday, June 26, to Monday, June 29. These codes are crucial for political parties to upload the names and particulars of their nominated candidates for the upcoming 2027 general elections onto INEC's Candidate Nomination Portal. This delay, while seemingly minor, carries significant implications for political parties, potentially compressing already tight statutory timelines for candidate submission and compliance with electoral regulations. The move highlights the ongoing challenges in Nigeria's electoral administration, particularly concerning the interplay between INEC's administrative discretion and the strictures of the Electoral Act 2022, a framework that has recently been subject to judicial scrutiny regarding its timelines.

The Independent National Electoral Commission (INEC), Nigeria's apex electoral body, recently announced a shift in the date for the release of crucial access codes to political parties. Originally slated for Friday, June 26, the release was moved to Monday, June 29, 2026. These access codes are indispensable for political parties to access the Candidate Nomination Portal and upload the details of their nominated candidates for the 2027 general elections. This administrative adjustment, though presented as a measure to ensure smooth operations, has sparked discussions among legal practitioners and political stakeholders regarding its potential impact on the electoral calendar and the compliance obligations of political parties.

The legal framework governing elections in Nigeria is primarily enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Electoral Act 2022. The Electoral Act 2022, which repealed the 2010 Act, introduced significant reforms aimed at enhancing the credibility and transparency of the electoral process, including the legalisation of electronic voter accreditation and transmission of results. Under this Act, INEC is vested with broad powers to organise, undertake, and supervise elections, and to issue regulations and guidelines for their conduct. These powers include setting timelines for various electoral activities, such as party primaries, candidate nomination, and submission of candidate particulars.

Specifically, Section 29(1) of the Electoral Act 2022 mandates political parties to submit the list of their candidates to INEC not later than 180 days before the election, following lawful primaries. To facilitate this, INEC developed an online Candidate Nomination Portal, requiring political parties to use unique access codes to upload the necessary forms and information, such as Forms EC9 and EC9A-E. The Regulations and Guidelines for the Conduct of Elections, 2022, issued under Section 149 of the Electoral Act, further detail the procedures and timelines for these activities. The integrity of these timelines is critical, as they ensure adequate time for verification, dispute resolution, and overall election planning. Recent judicial pronouncements have, however, challenged INEC's authority to abridge statutory timelines through its administrative schedules, underscoring the delicate balance between regulatory discretion and legislative mandates.

The recent shift in the release of access codes by INEC, from June 26 to June 29, 2026, directly impacts the candidate nomination phase for the 2027 general elections. While INEC's stated intention was to ensure a smoother uploading process, such delays, even minor ones, can have cascading effects on political parties, especially given the strict statutory deadlines for candidate submission. The Electoral Act 2022 sets clear timelines, with Section 29(1) requiring parties to submit candidate lists not later than 180 days before the election. Furthermore, Section 32 of the Act stipulates that INEC must publish the particulars of candidates at least 150 days before an election.

The implications of this delay are particularly pertinent in light of recent judicial interventions concerning INEC's election timetable. For instance, in *Youth Party v. INEC* (Suit No. FHC/ABJ/CS/517/2026), the Federal High Court questioned INEC's power to prescribe timelines for internal nomination processes that shorten statutory windows. Similarly, in *Social Democratic Party (SDP) v. INEC* (Suit No. FHC/ABJ/CS/720/2026), the court affirmed INEC's authority to issue an electoral timetable but nullified certain timelines related to candidate nomination and substitution procedures that conflicted with the Electoral Act. These judgments highlight that while INEC has the constitutional mandate to organise elections and issue guidelines, its administrative actions must not override or abridge timelines expressly provided by the Electoral Act.

The delay in releasing access codes, even if only by a few days, compresses the time available for parties to meticulously complete and upload their candidates' details. This is critical because the portal is fully automated and will close automatically at the expiration of the prescribed period. Any party failing to meet the deadline due to technical glitches or insufficient time for data entry could face disqualification of its candidates, leading to potential litigation. Indeed, the Electoral Act 2022, particularly Section 84, outlines the process for candidate nomination, and any deviation from the prescribed procedure, including adherence to INEC's timelines, can be grounds for legal challenge. The need for political parties to adhere strictly to the rules and avoid last-minute submissions has been repeatedly emphasized by INEC.

Moreover, the issue of access codes has been a subject of litigation even for party registration. For example, in a recent Federal High Court ruling on June 29, 2026, in Abuja, INEC was ordered to issue an access code to the Chief Akin Rickett-led All Democratic Alliance within 72 hours and reopen its registration portal for one week. The court found that INEC had acted outside its legal mandate by issuing an access code to an unauthorised faction, underscoring the judiciary's role in ensuring fair and lawful access to the electoral process. This precedent reinforces the imperative for INEC to manage the issuance of access codes and the operation of its portals with utmost transparency and adherence to legal provisions.

The Independent National Electoral Commission's decision to shift the release of access codes to political parties, while presented as a logistical adjustment, underscores the intricate and often contentious nature of electoral administration in Nigeria. For legal practitioners advising political parties, this development necessitates heightened vigilance regarding INEC's timelines and a proactive approach to compliance. Parties must ensure their internal processes for candidate nomination are robust and completed well in advance of statutory deadlines, mitigating the risks associated with any further administrative delays or technical challenges with the online portal.

Going forward, all stakeholders, including INEC, political parties, and the judiciary, must work towards greater clarity and certainty in the electoral process. The recent court judgments challenging INEC's power to abridge statutory timelines serve as a crucial reminder of the supremacy of the Electoral Act 2022. Practitioners should closely monitor ongoing appeals and future pronouncements that clarify the extent of INEC's regulatory discretion versus the fixed legislative timelines. Proactive engagement with INEC's guidelines, coupled with a readiness to address potential legal disputes arising from administrative actions, will be paramount for ensuring the smooth conduct of the 2027 general elections.