The Independent National Electoral Commission (INEC) has approached the Court of Appeal in Abuja, seeking to overturn a Federal High Court judgment that nullified key provisions of its election guidelines for the 2027 general elections.
In a motion filed alongside its appeal, INEC also asked the appellate court to stay the execution of the 20 May 2026 judgment delivered by Justice Muhammed Umar of the Federal High Court, pending the determination of the appeal.
The disputed ruling had voided INEC’s directive requiring political parties to submit their membership registers and databases by 10 May as a condition for participation in the 2027 elections.
The case was initiated by the Youth Party, which challenged the legality of the commission’s directive, arguing that it unlawfully altered timelines already provided under the Electoral Act 2026.
Delivering judgment, the Federal High Court held that INEC could not shorten statutory timelines for political party processes, including the submission of candidates and party records. The court further ruled that such directives were inconsistent with provisions of the Electoral Act 2026, particularly those governing party primaries and nomination procedures.
Dissatisfied with the ruling, INEC, through its counsel Alex Izinyon, SAN, filed nine grounds of appeal. The commission argued that the trial court failed to properly address jurisdictional issues, including claims that the suit was hypothetical, academic, and that the plaintiff lacked locus standi.
INEC further contended that the lower court misinterpreted Sections 29(1), 82, and 84 of the Electoral Act 2026, insisting that its guidelines were intended to ensure proper electoral preparation and transparency rather than to override statutory provisions.
The electoral body is asking the Court of Appeal to set aside the judgment in its entirety and strike out the suit.
In its ruling, the Federal High Court had also invalidated INEC’s May 10 deadline for political parties to submit membership registers, stating that while INEC has regulatory powers, it cannot impose timelines inconsistent with the Electoral Act.
The court maintained that political parties are only required to comply with the 120-day pre-election timeline for candidate submission and must be given lawful notice periods for primaries and internal party processes.
The appeal is expected to set the stage for a significant legal test of INEC’s regulatory powers ahead of the 2027 general elections, particularly on how far the commission can go in setting operational rules for political parties.
