The Independent National Electoral Commission (INEC) has asked the Court of Appeal, Abuja Division to set aside the judgement of the Federal High Court, Abuja, which nullified part of the election guideline put in place by the Commission for the conduct of the 2027 general election.
INEC in a motion on notice attached to the appeal prayed the court for an order staying the execution and/or further execution of the judgment of the high court delivered on May 20, 2026 pending the hearing and determination of the appeal it filed against the judgment at the Court of Appeal. Justice Muhammed Umar of the Federal High Court had last week nullified guidelines issued by the INEC, directing political parties to submit their membership registers and databases by May 10 as a condition for participation in the 2027 general elections.
A political party, the All Democratic Alliance (ADA), had filed a suit challenging the legality of the electoral body’s directive. The court said in its judgement 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.
But in the appeal dated May 25, 2026 filed by INEC, through its Counsel, Alex Izinyon (SAN) the electoral umpire prayed the court to set aside the judgement. Apart from praying the court to set aside the judgement, the Senior Advocate, in the appeal, asked the court to stay the execution of the judgement. In the appeal, the electoral umpire raised nine grounds of appeal.
INEC argued that the high court erred in law when he failed to pronounce on the jurisdictional issue of the suit being hypothetical and academic which failure occasioned denial of fair hearing to the Appellant. Izinyon, in the appeal said the lower court erred in law when it held: “It is clear from the wordings 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’ list in prescribed forms of the candidates who emerged from its valid primaries which such political parties intend 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, days before the holding of its primaries, congresses or conventions, conference or meeting convened for 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.”
He submitted that the judgment of the trial court is against the weight of evidence placed before it and therefore prayed the court for an order allowing the Appeal and setting aside the Judgement delivered by the trial Federal High Court, sitting in Abuja. He also prayed for an order of the court, striking out the suit as the Respondent lacks the locus standi to institute and maintain the same describing the suit as being academic.
