INEC Appeals Court Judgment Nullifying Timelines for Party Primaries

The Independent National Electoral Commission (INEC) has appealed the judgment of the Federal High Court in Abuja which nullified the commission’s timelines for the conduct of political party primaries and nomination of candidates ahead of the 2027 general elections.

INEC filed a notice of appeal alongside a motion for stay of execution on Monday, May 25, seeking to overturn the ruling and suspend its implementation pending the outcome of the appeal.

INEC Challenges High Court Decision

According to the News Agency of Nigeria (NAN), the electoral commission based its appeal on nine grounds, arguing that the trial judge erred in law by failing to address jurisdictional concerns raised in the suit.

INEC maintained that the case before the lower court was hypothetical and academic and therefore should not have been entertained.

The commission further argued that Sections 29(1), 82, and 84 of the Electoral Act 2026 were wrongly interpreted by the court in a narrow and restrictive manner.

According to INEC, the lower court also failed to properly apply the provisions of Section 151 of the Electoral Act 2026 in arriving at its decision.

Court Had Ruled Against INEC’s Authority

Last Wednesday, a Federal High Court in Abuja presided over by Mohammed Umar nullified the timelines earlier issued by INEC for party primaries and candidate nominations.

The court held that the commission lacked the constitutional and statutory powers to fix or prescribe timelines within which political parties must conduct their primaries for the purpose of nominating candidates for the 2027 elections.

Justice Umar ruled that the powers granted to INEC under Sections 29, 82, and 84(1) of the Electoral Act do not extend to controlling the scheduling of political parties’ internal primary processes.

The ruling generated widespread debate among political stakeholders and legal analysts regarding the extent of INEC’s regulatory authority over political parties.

INEC Seeks Restoration of Powers

Through its appeal, INEC is asking the appellate court to reverse the Federal High Court judgment and restore the commission’s authority to set binding deadlines for political party primaries and submission of candidates.

The commission’s motion for stay of execution also seeks to temporarily suspend the effect of the judgment while the appeal remains pending before the court.

Legal experts say the outcome of the appeal could significantly affect preparations for the 2027 general elections, particularly the coordination of party primaries and electoral timelines.

The case is expected to test the interpretation of the Electoral Act regarding the balance between INEC’s regulatory powers and the autonomy of political parties in managing their internal affairs.