The Independent National Electoral Commission (INEC) has filed an appeal against a Federal High Court judgment that nullified its timelines for party primaries and candidate nominations ahead of the 2027 general elections. On Monday, May 25, INEC submitted a notice of appeal and a motion for stay of execution to halt the lower court's ruling. The original judgment was delivered on Wednesday by Justice Mohammed Umar, who declared that INEC lacks the legal authority to set timetables for political parties' primary elections. The judge held that sections 29, 82, and 84(1) of the Electoral Act do not empower the commission to dictate when parties should conduct their internal primaries. The ruling followed a lawsuit filed on March 11 by the Youth Party (YP), marked FHC/ABJ/CS/517/2016. Justice Umar determined that the power to set primary timelines lies solely with political parties, not the electoral body. INEC had previously issued a revised schedule requiring all parties to submit membership registers by May 10, conduct primaries, and submit candidate applications or replacements before the end of May. The commission, represented by counsel Alex Izinyon, is appealing on nine grounds, arguing that the court erred in its interpretation of the Electoral Act. The appeal seeks to reinstate the timelines to ensure orderly preparation for the 2027 elections. A hearing date for the appeal has not been disclosed.
INEC's appeal exposes a critical contradiction: it enforces strict deadlines on parties while lacking clear legal backing to do so. The court's ruling strips the commission of unilateral control over primary timelines, shifting power to parties. This could lead to inconsistent candidate selection schedules, complicating election planning. The outcome will determine whether Nigeria's electoral calendar is set by law or left to political discretion.
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