INEC appeals court ruling nullifying timetable for party primaries
The Independent National Electoral Commission (INEC) has appealed the judgment of the Federal High Court in Abuja which nullified the timelines it issued for the conduct of party primaries and the nomination of candidates ahead of the 2027 general election.
The commission also filed a motion seeking a stay of execution of the judgment.
According to reports, INEC submitted both the notice of appeal and the application for stay of execution on Monday, 25 May 2026.
Last Wednesday, the Federal High Court in Abuja invalidated INEC’s timetable for party primaries and candidate nominations.
Delivering judgment, Justice Mohammed Umar held that INEC lacked the authority to prescribe the period within which political parties must conduct primary elections for the purpose of selecting candidates for the 2027 general elections.
The court ruled that powers granted to INEC under Sections 29, 82 and 84(1) of the Electoral Act do not extend to fixing timelines for internal party nomination processes.
The suit, marked FHC/ABJ/CS/517/2016, was instituted on 11 March by the Youth Party.
Under INEC’s revised timetable, political parties had been directed to submit membership registers by 10 May, complete party primaries for candidate selection, and process withdrawals and replacements before the end of May.
According to the commission, the appeal is based on nine grounds.
INEC, through its counsel, Alex Izinyon, argued that the trial court erred by failing to determine the preliminary jurisdictional issue raised by the commission.
The commission contended that the suit was hypothetical and academic and therefore should not have proceeded to substantive determination.
INEC further argued that Sections 29(1), 82 and 84 of the Electoral Act, 2026 should not be interpreted narrowly and maintained that the provisions empower the commission to issue administrative timelines necessary for orderly election planning and coordination.
The appeal is expected to test the extent of INEC’s regulatory authority over political parties’ internal nomination processes as preparations for the 2027 general election gather pace.