INEC heads to the Court of Appeal to decide on the timetable for the 2027 elections

The Independent National Electoral Commission (INEC) has challenged the recent decision of the Federal High Court in Abuja that annulled the deadline issued by the electoral body for carrying out activities ahead of the 2027 general elections.

INEC, in its appeal to the Court of Appeal in Abuja, sought to overturn the May 20 decision and also sought a stay of execution pending the decision of the case.

The appeal, dated May 25, was submitted through a legal team led by Dr. Alex Izinyon, SAN, and the Commission presented nine reasons underlying the appellate court’s insistence on setting aside the lower court’s decision.

The election body faulted the Federal Court of Appeal for allegedly failing to address jurisdictional objections raised during the hearing, arguing that the omission made the judicial process unfair.

INEC further argued that the lawsuit filed by the Youth Party against them was speculative and had no practical relevance.

According to the Commission, the case was “hypothetical” and “academic”, and confirmed that the party did not have the necessary legal standing to initiate such action.

Part of the dispute centers on the court’s interpretation of provisions of the 2026 Election Law regarding party primary election schedules and candidate nominations.

In the challenged decision, the Federal High Court stated that: “It is clear from the wording of Articles 29(1), 82 and 84 of the Electoral Act of 2026, that the following can be understood. no later than 120 days before the date of the General Election.”

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The court further stated: “What Political Parties are obliged to do under the 2026 Election Law is to notify the Independent National Electoral Commission (INEC) 21 days before the holding of primaries, congresses or conventions, several days before the holding of primaries, congresses or conventions, or any conference or meeting held for the election of executive committees, other governing bodies to nominate candidates.

“The defendant is not obliged to provide a time limit for political parties to hold primary elections provided that they are carried out and submitted no later than 120 days as specified in the 2026 Election Law. See Article 82(1) of the 2026 Election Law.”

However, INEC argued in its appeal that the decision was inconsistent with the evidence and legal arguments submitted to the court.

The Commission argued that the court drew the wrong conclusion by limiting its constitutional and statutory powers to regulate and coordinate the electoral process ahead of the 2027 elections.

INEC therefore requested the Court of Appeal to grant the appeal, vacate the judgment of the Federal High Court and dismiss the suit filed by the Youth Party for allegedly lacking the locus standi to defend the action.