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Election Timetable Judgment Declaratory, Cannot Be Stayed


The Movement for Credible Election (MCE) has told the Independent National Electoral Commission (INEC) that Justice Umar’s judgement nullifying some portions of the timetable and schedule of activities for the 2027 general elections is declaratory and cannot be stayed.

INEC had appealed the judgment and sought a stay of execution pending the determination of the appeal.

However, MCE in a statement jointly signed by its Chairman, Dr Usman Bugaje, and co-Chairman, Dr Obiageli Ezekwesili, told the commission that its appeal against such judgement raises questions about its neutrality as an umpire.

“Public trust is the most valuable asset of any electoral umpire. When INEC becomes a litigant against political parties over a timetable issue, it risks being perceived as an interested party rather than a neutral regulator.

“Such perceptions – even if unintended- can weaken trust and confidence among political actors and voters ahead of the 2027 elections,” the movement stated.

It reminded the commission that declaratory judgment cannot be stayed, maintaining that the judgment did not impose new obligations on the commission but merely restates the clear provision of Section 29 of the Electoral Act, which allows political parties to submit their final list of candidates not later than 120 days before the election.

“Attempting to appeal such a judgement raises the question of whether the commission is seeking to overturn the law itself instead of clarifying its application and in whose interest,” MCE said.

According to the movement, INEC prints ballot papers using party names and logos, not the names of candidates, arguing that there is no operational basis for compelling political parties to conclude primaries in May or submit candidate lists months earlier than the law requires.

It stated that INEC is required to implement the law impartially, warning that appealing a judgement that merely clarifies the Electoral Act might be interpreted as the commission taking sides.

“This perception alone can damage the legitimacy of the electoral process,” the movement further warned.

MCE advised INEC to accept Justice Umar’s judgement and focus on delivering credible elections by aligning its timetable and schedule of activities with Section 29 of the Electoral Act.

“The law is clear and INEC must be seen to obey it as the commission’s legitimacy derives from public trust, flowing from its neutrality, and fairness, not from acting like a political stakeholder with vested interests in how parties organise themselves internally.

“An umpire that expresses partisan interest ceases to be an umpire but an interested stakeholder,” the movement stated.

It wondered what public good it served when INEC deliberately abridged electoral timelines and shrank democratic participation windows in ways that disproportionately suffocate young, growing, reform-oriented alternative political parties.

“Why would an electoral commission in a democracy appear more interested in administrative convenience than in expanding political inclusion and participation?

“Nigeria cannot claim to be practising democracy while its electoral management body imposes electoral bottlenecks capable of strangulating emerging choices before they reach the ballot,” MCE added.



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