INEC Appeals Ruling Voiding Primaries, Candidate Nomination Deadlines

The Independent National Electoral Commission (INEC) has asked the Abuja Division of the Court of Appeal to set aside the judgment of the Federal High Court in Abuja which nullified part of the commission’s guidelines for the conduct of the 2027 general elections.

INEC, in its appeal, challenged the jurisdiction of the High Court to entertain the suit filed against its electoral guidelines, insisting that the lower court ought not to have assumed jurisdiction over the matter.

The electoral body, in a motion on notice attached to the appeal, prayed the appellate court for an order staying the execution of the judgment delivered on 20 May 2026, pending the hearing and determination of the appeal.

Last week, Justice Muhammed Umar of the Federal High Court, Abuja, nullified INEC’s directive requiring political parties to submit their membership registers and databases by 10 May as a condition for participation in the 2027 general elections.

The suit was instituted by the Youth Party, which challenged the electoral body’s directive.

In his judgment, Justice Umar held that INEC could not lawfully shorten the timeline already provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.

However, in the appeal dated 25 May 2026 and filed through its counsel, Chief Alex Izinyon, SAN, INEC urged the Court of Appeal to overturn the judgment.

Apart from seeking to set aside the judgment, the Senior Advocate also asked the court to stay its execution.

INEC raised nine grounds of appeal, arguing that the trial court erred in law by failing to pronounce on the jurisdictional issue that the suit was hypothetical and academic, thereby denying the appellant fair hearing.

Chief Izinyon further argued that the lower court erred in law when it held that Sections 29(1), 82 and 84 of the Electoral Act 2026 required political parties to submit the names of candidates who emerged from valid primaries not later than 120 days before the date of the general election.

According to the appeal, what the Electoral Act requires political parties to do is to notify INEC 21 days before the conduct of their primaries, congresses, conventions or meetings convened for the election of executive committees, other governing bodies or the nomination of candidates.

The appellant maintained that INEC was not barred from imposing timelines for political parties to conduct their primaries, provided such activities complied with the provisions of the Electoral Act 2026.

INEC further argued that the judgment of the trial court was against the weight of evidence placed before it, and consequently urged the appellate court to allow the appeal and set aside the judgment of the Federal High Court.

The commission also asked the court to strike out the suit on the ground that the respondent lacked the locus standi to institute the action.