INEC heads to Appeal Court over ruling on 2027 election timetable

The Independent National Electoral Commission (INEC) has challenged a recent judgment of the Federal High Court in Abuja that nullified the timelines issued by the electoral body for activities ahead of the 2027 general elections.

INEC, in its appeal filed before the Court of Appeal in Abuja, is seeking to overturn the May 20 judgment and also requested a stay of execution pending the determination of the case.

The appeal, dated May 25, was lodged through a legal team led by Dr. Alex Izinyon, SAN, with the Commission presenting nine grounds on which it urged the appellate court to set aside the lower court’s decision.

The electoral body faulted the Federal High Court for allegedly failing to address a jurisdictional objection it raised during proceedings, arguing that the omission denied it fair hearing.

INEC further contended that the suit filed against it by the Youth Party was speculative and lacked practical relevance.

According to the Commission, the case was “hypothetical” and “academic,” insisting that the party lacked the legal standing required to institute the action.

Part of the dispute centres on the trial court’s interpretation of provisions of the Electoral Act, 2026 regarding timelines for party primaries and submission of candidates.

In the judgment being challenged, the Federal High Court held that: “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 a political party intends to sponsor at the elections, not later than 120 days before the date of the General Election.”

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The court further stated: “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, or any conference or meeting convened for the election of its executive committees, other governing bodies for nominating candidates.

“The Defendant is not mandated to impose a 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.”

However, INEC argued in its appeal that the judgment was inconsistent with the evidence and legal arguments placed before the court.

The Commission maintained that the trial court reached the wrong conclusion by restricting its constitutional and statutory powers to regulate and coordinate the electoral process ahead of the 2027 elections.

Consequently, INEC asked the Court of Appeal to allow the appeal, vacate the judgment of the Federal High Court and strike out the suit filed by the Youth Party for allegedly lacking locus standi to sustain the action.

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