The Independent National Electoral Commission (INEC) has approached the Court of Appeal in Abuja seeking to overturn a Federal High Court judgment that nullified parts of the electoral guidelines issued for the conduct of the 2027 general elections.
In a motion on notice attached to its appeal, INEC asked the appellate court to stay the execution of the judgment delivered on May 20, 2026, pending the hearing and determination of the appeal.
Justice Muhammed Umar of the Federal High Court, Abuja, had invalidated portions of INEC’s guidelines that directed political parties to submit their membership registers and databases by May 10 as a prerequisite for participation in the 2027 polls.
The suit challenging the directive was filed by the Youth Party, which argued that the electoral body lacked the legal authority to impose such deadlines outside the provisions of the Electoral Act.
In his ruling, Justice Umar held that INEC could not lawfully abridge the timeline stipulated under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.
However, in the appeal dated May 25, 2026, INEC, through its counsel, Alex Izinyon, urged the Court of Appeal to set aside the judgment in its entirety.
The electoral commission also requested an order staying the enforcement of the judgment pending the determination of the appeal.
INEC raised nine grounds of appeal, arguing that the trial court erred in law by failing to address its objection that the suit was hypothetical, academic, and therefore incompetent. The commission further claimed that it was denied fair hearing.
According to the appeal, the lower court wrongly interpreted Sections 29(1), 82, and 84 of the Electoral Act 2026 in reaching its decision.
The trial court had held that while Section 29(1) mandates political parties to submit the names and particulars of candidates who emerged from valid primaries not later than 120 days before the general election, the law does not empower INEC to impose additional timelines for the conduct of primaries beyond what is expressly provided in the Electoral Act.
The court also ruled that political parties are only required under Section 82(1) of the Electoral Act to notify INEC at least 21 days before holding primaries, congresses, conventions, or meetings for the nomination of candidates and election of party executives.
Dissatisfied with the ruling, INEC argued that the judgment was against the weight of evidence presented before the court and urged the appellate court to allow the appeal and set aside the decision of the Federal High Court.
The commission further prayed the court to strike out the suit, contending that the respondent lacked the locus standi to institute the action and describing the case as purely academic.
The Federal High Court had earlier ruled that the timelines issued by INEC for the conduct of party primaries, submission of candidates’ particulars, and replacement or withdrawal of candidates ahead of the 2027 general election were inconsistent with the provisions of the Electoral Act 2026.
