Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Independent National Electoral Commission (INEC) has formally appealed the judgment of a Federal High Court in Abuja which nullified key provisions of its 2027 general election guidelines, specifically the directive requiring political parties to submit their membership registers and databases by May 10, 2026, as a condition for participation in the upcoming polls. In an appeal dated May 25, 2026, filed through its counsel, Alex Izinyon (SAN), the electoral body is asking the Court of Appeal to set aside the judgment delivered on May 20, 2026, by Justice Muhammed Umar. INEC is also seeking an order staying the execution or further execution of the judgment pending the hearing and determination of the appeal.
The legal battle began when the Youth Party filed a suit challenging the legality of INEC’s directive. In its judgment, the Federal High Court 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. The court declared that the commission’s guidelines, which required parties to submit their registers by May 10, were inconsistent with the statutory framework and therefore null and void. The ruling effectively struck down a central pillar of INEC’s pre-election timetable, which had been designed to ensure early preparation and transparency ahead of the 2027 general elections.
In its appeal, INEC raised nine grounds of appeal, arguing that the High Court erred in law when it failed to pronounce on the jurisdictional issue of the suit being hypothetical and academic, an omission that, according to the commission, occasioned a denial of fair hearing. INEC further contended that the Youth Party lacked the locus standi to institute and maintain the suit, describing the entire case as academic and therefore not justiciable. The commission is asking the appellate court to strike out the suit in its entirety and set aside the lower court’s judgment.
Additionally, INEC filed a motion on notice seeking an order for a stay of execution of the High Court’s judgment. The commission argued that without a stay, the implementation of its election guidelines would be thrown into confusion, potentially disrupting preparations for the 2027 general elections. The motion is expected to be heard alongside the substantive appeal. The outcome of the appeal could have far-reaching implications for the electoral process, as the guidelines struck down by the High Court were designed to enforce compliance with provisions of the Electoral Act 2026, which mandates parties to submit their membership registers well ahead of primaries and the general election.
The Youth Party has not yet publicly responded to the appeal, but its legal representatives are expected to oppose the application for a stay and the appeal itself. Legal analysts note that the case raises fundamental questions about the scope of INEC’s rule-making powers and the balance between administrative convenience and statutory compliance. The Court of Appeal’s decision will likely shape the interpretation of the Electoral Act 2026 and could affect the timeline for party primaries and candidate nominations for the 2027 elections. As of the time of this report, no date has been set for the hearing of the appeal or the motion for stay.
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