The Independent National Electoral Commission (INEC) has appealed the judgement of the federal high court in Abuja nullifying the timelines issued for the conduct of party primaries and the nomination of candidates.
The commission on Monday, April 25, filed a notice of appeal and a motion for stay of execution of the judgement of the lower court.
THE JUDGMENT
Last Wednesday, a federal high court in Abuja nullified the timelines of INEC for the conduct of party primaries and the nomination of candidates.
Mohammed Umar, the presiding judge, held that INEC cannot “fix or prescribe the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections”.
The judge ruled that the powers granted to INEC under sections 29, 82 and 84(1) of the Electoral Act do not extend to determining timelines for party primaries.
The judgement followed a suit, marked FHC/ABJ/CS/517/2016, filed on March 11 by the Youth Party (YP).
According to the revised timetable issued by the electoral commission, all political parties were expected to submit their membership registers by May 10, conduct primaries to select candidates, and apply for withdrawals and submit replacements for the 2027 general election before the end of May.
THE APPEAL
According to NAN, the electoral umpire anchored its appeal on nine grounds.
INEC, through its counsel, Alex Izinyon, said the judge erred in law when he failed to pronounce on the jurisdictional issue of the suit being hypothetical and academic.
The electoral umpire said section 29(1), 82 and 84 of the Electoral Act, 2026 did not permit the restricted narrow interpretation accorded by the lower court.
INEC argued that the trial court misdirected itself in law when it failed to apply the provision of section 151 of the Electoral Act, 2026.
