The Independent National Electoral Commission (INEC) has filed an appeal at the Court of Appeal in Abuja, seeking to overturn a Federal High Court judgment that nullified part of its guidelines for the 2027 general election. The appeal, filed on May 25, 2026, includes a motion requesting a stay of execution of the High Court's ruling delivered on May 20, 2026. That judgment, delivered by Justice Muhammed Umar, invalidated INEC's directive requiring political parties to submit membership registers and databases by May 10 as a condition for participating in the 2027 elections. The court held that the directive conflicted with Section 29(1) of the Electoral Act 2026, which sets a 120-day deadline before elections for submitting candidate particulars.
The suit was brought by the Youth Party, which challenged the legality of INEC's timeline for party primaries and submission of membership records. Justice Umar ruled that INEC could not impose additional timelines that shortened the statutory period provided under the Electoral Act. The court also stated that INEC lacks the authority to mandate when political parties conduct their primaries, as long as nominations are submitted within the 120-day window before elections, as stipulated under Section 82(1) of the Act. The judgment further declared that the requirement for parties to submit full membership databases by May 10 was inconsistent with existing law.
Through its counsel Alex Izinyon, INEC raised nine grounds of appeal, arguing that the High Court erred in law by failing to rule on whether the suit was hypothetical and whether the Youth Party had locus standi to bring the case. INEC also contends that it was denied fair hearing and that the judgment contradicts the weight of evidence presented. The commission is urging the Court of Appeal to set aside the ruling and strike out the suit as academic. The appeal challenges the court's interpretation of Sections 29(1), 82, and 84 of the Electoral Act 2026 regarding candidate nomination and party documentation requirements.
INEC is challenging a court decision it says misinterprets the Electoral Act, yet the same commission set a deadline that the court found incompatible with that law. The May 10 cutoff for party membership databases was imposed by INEC despite no such date appearing in the 2026 Act. If the commission's timeline lacks statutory backing, its authority to enforce it collapses. This puts political parties in a bind—comply with INEC's directive and risk exclusion, or follow the law and face administrative hurdles.
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