By Vivian Okejeme
The Independent National Electoral Commission(INEC) has asked the Court of Appeal, Abuja, to set aside the judgement of the Federal High Court, Abuja, which nullified part of the election guideline 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 the 20th day of May, 2026, pending the hearing and determination of the Appeal.
Recall that Justice Muhammed Umar of the lower court, 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.
The Plaintiff, the Youth Party, had filed a suit challenging the legality of the INEC directive.
Justice Umar had in the judgement held 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.
However, INEC, in the appeal dated May 25, 2026, prayed the court to set aside the judgement.
In the appeal filed by it’s Counsel, Chief Alex Izinyon, SAN, INEC also asked the court to stay the execution of the judgement.
In the appeal, the electoral umpire raised nine grounds of appeal.
The electoral umpire argued that the high court erred in law when he failed to pronounce on the jurisdictional issue of the suit being hypothetic and academic which failure occasioned denial of fair hearing to the Appellant.
Chief 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 fist in prescribed forms of the candidates who emerged from its valid primaries which such political Party 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 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 said 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 same describing the suit as being academic.
