INEC Appeals Court Decision Nullifying Election Guidelines, Requests Stay on Execution

Independent National Electoral Commission (INEC) has requested the Abuja Division of the Court of Appeal to reverse a Federal High Court ruling that invalidated part of its 2027 election guidelines.

INEC also filed a motion asking the appellate court to issue an order staying the execution of the trial court’s judgment while the appeal is considered.

Justice Muhammed Umar of the Federal High Court, Abuja, last week declared the commission’s revised timetable null, which had required political parties to submit their membership registers and databases by May 10 as a condition for participating in the 2027 general election.

The order was issued during the judgment of a suit filed by the Youth Party, which challenged the legality of the electoral body’s directive.

The trial court 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.

Unhappy with the decision, the commission approached the appellate court on May 25 to overturn the trial court’s ruling.

Represented by Chief Alex Izinyon, SAN, INEC’s legal team presented nine grounds of appeal, arguing that the trial court erred by failing to address the jurisdictional issue of the suit being hypothetical and academic, thereby denying the appellant a fair hearing.

Izinyon stated, “It is clear from the wordings of Sections 29(1), 82 and 84 of the Electoral Act, 2026, that political parties must submit the names of candidates in the prescribed forms no later than 120 days before the general election.”

He added, “The Act requires parties to notify INEC 21 days before holding primaries, congresses or conventions, or any meeting convened for the election of executive committees, other governing bodies or nominating candidates.”

“The defendant is not mandated to impose a timeframe for parties to conduct their primaries, provided they are completed and submitted no later than the 120 days stipulated by the Electoral Act, 2026. See Section 82(1) of the Electoral Act, 2026.”

The senior lawyer also contended that the trial court’s judgment ran counter to the evidence presented and prayed for an order allowing the appeal and setting aside the judgment.

INEC asked the appellate court to strike out the suit on the basis that the respondent lacked locus standi to institute and maintain it.

Umar’s judgment last week held that “going by the provisions of Section 29(1) of the Electoral Act, 2026, which requires parties to submit the personal particulars of their candidates not later than 120 days before an election, INEC cannot lawfully abridge or limit that statutory period by prescribing a shorter timeframe in its 2027 election timetable.”

Similarly, citing Section 31 of the Electoral Act, 2026, which allows parties to withdraw and substitute candidates not later than 90 days before an election, the court held that INEC lacked the power to impose an earlier deadline for withdrawal and replacement in its 2027 timetable.

Umar also held that under Section 32 of the Electoral Act, 2026, INEC did not possess the statutory authority to publish the final list of candidates for the 2027 general election before the 60‑day minimum period required by law.

He declared, “Upon proper construction of Section 98 of the Electoral Act, 2026, the defendant does not have the statutory authority to fix a timetable for the 2027 general elections that ends campaign 2 days before the elections.”

He further declared, “Upon proper interpretation of Section 33 of the Electoral Act, 2026, the timeframe prescribed by the defendant for submission of membership registers for primary elections is not applicable to primaries conducted to replace withdrawn candidates.”

The judge subsequently ordered that the time‑frames imposed by the defendant in its Revised Timetable and Schedule of Activities for the 2027 General Election be set aside. This includes the timelines for primary elections, submission of candidates’ particulars, withdrawal and replacement of candidates, publication of the final list of candidates, and campaigning, as they are inconsistent with the provisions of the Electoral Act, 2026.