A Critical Analysis of Justice Umar’s Decision Nullifying INEC’s Membership Deadline

This article by learned Senior Advocate, Monday Ubani examines the recent Federal High Court judgement of Hon. Justice Umar, inter alia, nullifying INEC’s deadline requiring political parties to submit their membership registers by May 10, 2026 contrary to Section 29(1) of the Electoral Act 2026. He argues that even if INEC’s Guidelines may not have been unlawful in purpose, as they sought to bring stability to the electoral process, it has long been established by the Supreme Court that, Guidelines cannot override statutory rights created by legislation

Introduction

The judgement delivered by Justice M.G. Umar of the Federal High Court, Abuja, inter alia, nullifying the Independent National Electoral Commission (INEC)’s deadline requiring political parties to submit their membership registers by May 10, 2026, has introduced a major constitutional and electoral debate in Nigeria’s democratic process.

The Decision

The court held that INEC could not lawfully abridge the statutory period provided under Section 29(1) of the Electoral Act, 2026, which stipulates that political parties shall submit the particulars of their candidates not later than 120 days before the election. Consequently, the court ruled that political parties and intending defectors have until September 2026 to regularise party membership, and submit relevant registers.