THE Independent National Electoral Commission (INEC) is asking the Court of Appeal in Abuja to set aside the judgment of the Federal High Court, Abuja, which nullified part of the election guidelines issued by the commission for the conduct of the 2027 general election.
News Point Nigeria reports that in a motion on notice attached to the appeal, INEC prayed the appellate court for an order staying the execution and/or further execution of the judgment delivered by the High Court on May 20, 2026, pending the hearing and determination of the appeal filed against the ruling.
Justice Muhammed Umar of the Federal High Court, Abuja, had nullified guidelines issued by INEC directing political parties to submit their membership registers and databases by May 10 as a condition for participation in the 2027 general elections.
The suit challenging the legality of the directive was instituted by the Youth Party.
In its judgment, the 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.
However, in the appeal dated May 25, 2026, filed through its counsel, Alex Izinyon, INEC urged the Court of Appeal to overturn the judgment.
The senior advocate also asked the court to stay the execution of the judgment pending the determination of the appeal.
In the appeal, the electoral body raised nine grounds challenging the decision of the lower court.
INEC argued that the Federal High Court erred in law when it failed to pronounce on what it described as the jurisdictional issue of the suit being hypothetical and academic, adding that the ruling amounted to a denial of fair hearing to the commission.
The electoral umpire therefore prayed the court to set aside the judgment in its entirety.
In the appeal, INEC’s lawyer faulted the lower court’s interpretation of Sections 29(1), 82, and 84 of the Electoral Act 2026.
The lower court had held: “It is clear from the wording 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 first in the prescribed forms of the candidates who emerged from its valid primaries, which such political party intends to sponsor at the elections, not later than 120 days before the date of the General election.
“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, conference, or meeting convened for the election of its executive committees, other governing bodies, or 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.”
INEC, however, maintained that the judgment was against the weight of evidence placed before the trial court.
The commission consequently asked the appellate court to allow the appeal and set aside the judgment delivered by the Federal High Court sitting in Abuja.
It further sought an order striking out the suit on the grounds that the respondent lacked the locus standi to institute and maintain the action, describing the case as academic.
The Federal High Court in Abuja had invalidated the timeline issued by INEC for the conduct of party primaries and the nomination of candidates ahead of the 2027 general election.
In the judgment delivered by Justice Mohammed Umar, the court also set aside INEC’s May 10 deadline requiring political parties to submit a register and database of all their members as a condition for qualifying to participate in the elections.
The court held that the timeframe announced by the electoral commission for political parties to conduct primaries and submit, withdraw, or replace names and particulars of candidates for the general elections “is inconsistent with the provisions of the Electoral Act, 2026.”