INEC Asks Appeal Court to Upturn Judgment Nullifying Election Guidelines

Nigeria's Independent National Electoral Commission (INEC) is seeking to overturn a Federal High Court judgment that invalidated key aspects of its guidelines for the 2027 general elections. The electoral body has appealed to the Abuja Division of the Court of Appeal, requesting a reversal of the lower court's decision.

Last week, Justice Muhammed Umar of the Federal High Court in Abuja nullified INEC's revised timetable, which mandated political parties to submit their membership registers and databases by May 10 as a prerequisite for participating in the 2027 elections. The trial court ruled that INEC could not legally shorten the timeline stipulated in Section 29(1) of the Electoral Act 2026 for submitting party membership records and candidate particulars.

This ruling came in response to a suit filed by the Youth Party, which challenged the legality of INEC's directive. Dissatisfied with the outcome, INEC filed its appeal on May 25, presenting nine grounds of appeal. The commission, represented by Chief Alex Izinyon, SAN, contends that the trial court erred by failing to rule on the jurisdictional issue, arguing that the suit was hypothetical and academic, thereby denying INEC a fair hearing.

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It is clear from the wordings of Sections 29(1), 82 and 84 of the Electoral Act, 2026, the following can be understood, Section 29(1) of the Electoral Act, 2026 mandates Political Parties to submit the names of candidates in prescribed forms of the candidates who emerged from its valid primaries which such political party intend to sponsor at the elections not later than 120 days before the date of the General election.

Izinyon argued that Sections 29(1), 82, and 84 of the Electoral Act 2026 outline the requirements for political parties. Specifically, Section 29(1) requires parties to submit the names of candidates who emerged from valid primaries no later than 120 days before the general election. He further noted that parties are only mandated to notify INEC 21 days before holding primaries, congresses, or conventions for nominating candidates. The Electoral Act does not impose specific timeframes for parties to conduct their primaries, as long as the results are submitted within the 120-day window stipulated by the Act.

INEC is requesting the appellate court to allow its appeal and set aside the trial court's judgment, asserting that the lower court's decision was against the weight of evidence presented. Concurrently, INEC is also asking the appellate court to strike out the suit.

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What is required of political parties to do under the Electoral Act, 2026 is to notify the Independent National Electoral Commission (INEC) 21 days before the holding of its primaries, congresses or conventions, days before the holding of its primaries, congresses or conventions, conference or meeting convened for election of its executive committees, other governing bodies or nominating candidates. The defendant is not mandated to impose timeframe for political parties to conduct their primaries provided that it will be done and submitted not later than the 120 days provided by the Electoral Act, 2026. See Section 82(1) of the Electoral Act, 2026