INEC Seeks Appeal Against Court Ruling on 2027 Election Guidelines
The Independent National Electoral Commission (INEC) has filed an appeal with the Abuja Division of the Court of Appeal, seeking to overturn a recent ruling by the Federal High Court in Abuja that invalidated key components of the guidelines for conducting the 2027 general elections.
In the interim, the election tribunal has also requested a motion for a stay on the enforcement of the trial court’s judgment, pending the appellate court’s deliberation and decision.
Last week, Justice Muhammed Umar of the Federal High Court nullified INEC’s revised timetable, which mandated political parties to submit their membership registers and databases by May 10 as a prerequisite for participation in the upcoming elections. This decision arose from a lawsuit filed by the Youth Party, which challenged the legality of the electoral commission’s directive.
The court ruled that INEC lacked the authority to alter the deadline established under Section 29(1) of the Elections Act 2026, which governs the submission of party membership records and candidate information. Dissatisfied with this ruling, INEC sought redress from the Court of Appeal on May 25.
Represented by a legal team led by SAN Director General Alex Iginion, INEC’s appeal is grounded on nine points of contention. The commission argues that the trial court erred by determining that the case was hypothetical, thereby denying the appellant a fair hearing.
According to the provisions laid out in Articles 29(1), 82, and 84 of the Elections Act 2026, political parties are required to notify INEC at least 21 days before primaries and conventions, as well as prior to executive committee meetings convened for candidate nominations. Iginion emphasized that the law does not impose a strict deadline for organizing primaries, as stated in Article 82, Paragraph 1 of the Elections Act 2026.
INEC is additionally requesting that the Court of Appeal dismiss the Youth Party’s lawsuit, arguing that the plaintiffs lack standing to initiate or sustain the case. In his previous ruling, Justice Umar affirmed that under Section 29(1) of the 2026 Elections Act, political parties must submit candidates’ information no fewer than 120 days before the elections. Therefore, INEC cannot legally shorten or restrict this statutory timeframe.
Moreover, the ruling referenced Section 31 of the 2026 Elections Act, which grants political parties the right to withdraw and substitute candidates within 90 days of the elections. The court noted that INEC cannot unilaterally accelerate deadlines concerning candidate substitutions or withdrawals in relation to the 2027 election calendar.
Justice Umar further emphasized that, according to Section 32 of the 2026 Elections Act, INEC cannot announce the final list of candidates until the minimum 60-day period mandated by law has elapsed. The ruling ultimately nullified several deadlines set by INEC regarding the submission of candidates’ personal information, candidate withdrawals, and overall election activities.
