From Victor Osula, Abuja
The Independent National Electoral Commission (INEC) has approached the Abuja Division of the Court of Appeal to challenge the recent judgment of the Federal High Court which nullified aspects of its guidelines and timetable for the 2027 general elections.
The electoral commission also filed a motion seeking a stay of execution of the judgment pending the determination of the appeal, in a move that could temporarily halt the implementation of the lower court’s decision which opened fresh political opportunities for aggrieved aspirants and political parties.
Justice Muhammed Umar of the Federal High Court, Abuja, had on May 20, 2026, voided INEC’s directive requiring political parties to submit their membership registers and databases by May 10 as part of the conditions for participation in the 2027 polls.
The suit was instituted by the Youth Party, which challenged the legality of the commission’s directive and other timelines contained in INEC’s Revised Timetable and Schedule of Activities for the 2027 general elections.
In the judgment, Justice Umar held that INEC lacked the statutory powers to alter, abridge, or reduce timelines already stipulated under Section 29(1) of the Electoral Act 2026 relating to the submission of candidates’ particulars and party records.
The court ruled that political parties are only required by law to submit the particulars of candidates not later than 120 days before an election and that INEC could not impose shorter timelines outside the provisions of the Electoral Act.
Dissatisfied with the verdict, INEC, through its counsel, Alex Izinyon, filed a notice of appeal dated May 25, 2026, urging the appellate court to overturn the judgment in its entirety.
The commission raised nine grounds of appeal and argued that the trial court failed to determine its objection challenging the jurisdiction of the suit.
INEC contended that the matter brought before the Federal High Court was hypothetical, speculative, and academic, insisting that the failure of the lower court to address the jurisdictional issue amounted to a denial of fair hearing.
The commission also faulted the trial court’s interpretation of Sections 29(1), 82, and 84 of the Electoral Act 2026.
According to INEC, the lower court erred when it held that political parties were only required to notify the commission 21 days before conducting primaries, congresses, or conventions, and that the commission lacked authority to impose additional timelines outside those expressly prescribed by the Electoral Act.
The electoral body further argued that the judgment was against the weight of evidence presented before the court and prayed the Court of Appeal to set aside the decision.
INEC also urged the appellate court to strike out the suit filed by the Youth Party because the party lacked the legal standing to institute the action.
The appeal marks the latest development in the growing legal battle surrounding preparations for the 2027 general elections, particularly the controversy over timelines for party primaries, submission of candidates’ particulars, and substitution of candidates.
Political observers say the outcome of the appeal could significantly shape the political landscape ahead of the elections, especially for aspirants seeking alternative platforms after losing party primaries.
The earlier Federal High Court judgment had been widely interpreted as creating room for fresh defections and political realignments across parties by nullifying restrictive timelines imposed by the electoral commission.
