The Independent National Electoral Commission (INEC) has appealed the judgement of the Federal High Court in Abuja nullifying the timelines issued for the conduct of party primaries and the nomination of candidates.
The commission on Monday, May 25 filed a notice of appeal
and a motion for stay of execution of the judgement of the lower court.
Last Wednesday, a federal high court in Abuja nullified the
timelines of INEC for the conduct of party primaries and the nomination of
candidates.
Mohammed Umar, the presiding judge, held that INEC cannot
“fix or prescribe the timetable within which political parties may conduct
their primary elections for the purpose of nominating candidates for the 2027
general elections”.
The judge ruled that the powers granted to INEC under
sections 29, 82 and 84(1) of the Electoral Act do not extend to determining
timelines for party primaries.
The judgement followed a suit, marked FHC/ABJ/CS/517/2016,
filed on March 11 by the Youth Party (YP).
According to the revised timetable issued by the electoral
commission, all political parties were expected to submit their membership
registers by May 10, conduct primaries to select candidates, and apply for
withdrawals and submit replacements for the 2027 general election before the
end of May.
According to NAN, the electoral umpire anchored its appeal
on nine grounds.
INEC, through its counsel, Alex Izinyon, said the judge
erred in law when he failed to pronounce on the jurisdictional issue of the
suit being hypothetical and academic.
The electoral umpire said section 29(1), 82 and 84 of the
Electoral Act, 2026 did not permit the restricted narrow interpretation
accorded by the lower court.
INEC argued that the trial court misdirected itself in law
when it failed to apply the provision of section 151 of the Electoral Act,
2026.
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