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The Independent National Electoral Commission (INEC) has gone to the Court of Appeal seeking to overturn a Federal High Court ruling that struck down the revised calendar and program of activities for the 2027 general elections.
The commission also moved a motion to stay the execution of the judgment, asking the court of appeal to stay the effect of the judgment delivered on May 20 by Justice Mohammed Umar of the Federal High Court, Abuja, pending the determination of his appeal.
In the notice of appeal, dated and filed on May 25 through its lawyer, Alex Izinyon, SAN, INEC raised nine grounds, arguing that the court of first instance erred in law and violated its right to a fair trial by failing to first determine a jurisdictional objection it had raised.
The electoral body argued that the suit brought by the Youth Party (Youth Party) was hypothetical and academic, insisting that the court should strike it out for lack of jurisdiction.
INEC further argued that the trial judge gave a strict and restrictive interpretation of sections 29(1), 82 and 84 of the Electoral Law, 2026, which, according to the commission, does not support the conclusion reached in the judgment.
He also criticized the court for failing to properly apply section 151 of the Election Act, 2026, which he said was central to the issues in the dispute.
The commission is praying the court of appeal to allow the appeal, set aside Justice Umar’s ruling and strike out the original suit on the grounds that the Youth Party did not have standing to bring the action.
In a related motion for notice filed at the Federal High Court, Abuja (Federal High Court, Abuja), INEC also urged the court to stay further enforcement of the judgment pending the outcome of its appeal.
Justice Umar had on May 20 canceled INEC’s 2027 election calendar, following a lawsuit filed by the Youth Party.
The court found that the calendar imposed restrictive deadlines on political parties to conduct primaries and other pre-election activities, which, in its opinion, violated the provisions of the Electoral Act, 2026.
The judge also ruled that INEC had no statutory authority to set or prescribe deadlines for political parties to conduct primaries for the nomination of candidates for the general elections.
The appeal battle now sets the stage for a major judicial test of the extent of INEC’s powers over the electoral calendar and political party primaries ahead of the 2027 general elections.
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