The Federal High Court, in a judgement delivered on 20 May, held that INEC lacked the statutory power to fix or prescribe the timeframe within which political parties must conduct their primaries for the nomination of candidates for the 2027 general elections.
The Independent National Electoral Commission (INEC) on Monday appealed against a Federal High Court’s judgement which nullified its revised timetable and schedule of activities for the conduct of the 2027 general elections.
INEC, in a notice of appeal dated and filed on 25 May through its lawyer, Alex Izinyon, SAN, also filed a motion for stay of execution of the judgement, pending the hearing and determination of its appeal at the Court of Appeal.
The electoral umpire, which gave nine grounds for its appeal, argued that the trial judge, Mohammed Umar, erred in law when he failed to pronounce on the jurisdictional issue of the suit being hypothetical and academic, thereby denying the commission a fair hearing.
It argued that the trial judge’s interpretation of Section 29(1), 82 and 84 of the Electoral Act, 2026 did not permit the restricted, narrow interpretation accorded by the court.
INEC further argued that the trial court misdirected itself in law when it failed to apply the provision of Section 151 of the Electoral Act, 2026, to the appellant’s case, among other grounds.
The News Agency of Nigeria (NAN) reports that INEC, the appellant, had named the Youth Party (YP) as the respondent in the appeal.
The commission sought two orders, including an order allowing its appeal and setting aside the judgement delivered by Mr Umar on 20 May in the suit marked: FHC/ABJ/CS/517/2026 between Youth Party and INEC.
It also sought an order striking out the suit, as the respondent (YP) lacked the locus standi to institute and maintain it, and that the suit is academic.
In a related development, INEC, in a motion on notice also filed on 25 May at the FHC, sought an order staying the execution and/or further execution of the judgement pending the hearing and determination of the appeal filed by it.
Mr Umar of FHC in Abuja had, on 20 May, voided the 2027 election timetable issued by INEC.
The judge, in the judgement delivered on a suit brought by the YP, held that INEC’s action imposed restrictive timeframes on political parties for the conduct of primaries and other pre-election activities contrary to the provisions of the Electoral Act, 2026.
He held that INEC lacked the statutory power to fix or prescribe the timeframe within which political parties must conduct their primaries for the nomination of candidates for the 2027 general elections.
(NAN)
