The Independent National Electoral Commission (INEC) has filed an appeal against the federal high court judgment in Abuja which nullified the timelines it issued for political party primaries and candidate nominations.
On Monday, May 25, the electoral commission submitted a notice of appeal alongside a motion seeking a stay of execution of the lower court’s judgment.
THE JUDGMENT
Last Wednesday, a federal high court sitting in Abuja voided the timelines set by INEC for the conduct of party primaries and nomination of candidates ahead of the 2027 general election.
Mohammed Umar, the presiding judge, ruled that INEC cannot “fix or prescribe the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections”.
The court held that the powers granted to the commission under sections 29, 82 and 84(1) of the Electoral Act do not include the authority to determine timelines for party primaries.
The ruling followed a suit marked FHC/ABJ/CS/517/2016, filed on March 11 by the Youth Party (YP).
Based on INEC’s revised timetable, political parties were required to submit membership registers by May 10, conclude primaries for candidate selection, and process withdrawals and replacement nominations before the end of May for the 2027 elections.
THE APPEAL
According to NAN, the commission based its appeal on nine grounds.
Through its counsel, Alex Izinyon, INEC argued that the trial judge erred in law by failing to address the issue that the suit was hypothetical and academic in nature.
The commission also maintained that sections 29(1), 82 and 84 of the Electoral Act, 2026 should not have been interpreted narrowly as done by the lower court.
INEC further argued that the court misdirected itself by failing to apply the provisions of section 151 of the Electoral Act, 2026.