Key points
- The Independent National Electoral Commission has appealed a Federal High Court judgment nullifying aspects of its 2027 election guidelines.
- The court had ruled that INEC could not shorten timelines provided under the Electoral Act 2026 for submission of party membership records and candidates’ particulars.
- INEC is seeking a stay of execution of the judgment pending the determination of its appeal before the Court of Appeal.
Main story
The Independent National Electoral Commission has approached the Court of Appeal to challenge the judgment of the Federal High Court in Abuja which nullified parts of its guidelines for the conduct of the 2027 general election.
INEC is specifically asking the appellate court to set aside the ruling delivered by Justice Muhammed Umar on May 20, 2026.
The electoral commission also filed a motion on notice seeking an order staying the execution or further execution of the judgment pending the hearing and determination of the appeal.
The Federal High Court had earlier declared null and void INEC’s directive requiring political parties to submit their membership registers and databases by May 10 as a prerequisite for participation in the 2027 general election.
The suit challenging the directive was instituted by the Youth Party, which argued that the electoral body lacked the legal authority to alter timelines already prescribed under the Electoral Act 2026.
In its judgment, the court held that INEC could not lawfully abridge the timeline stipulated under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.
Dissatisfied with the ruling, INEC, through its counsel, Alex Izinyon, filed an appeal dated May 25, 2026, raising nine grounds of appeal against the judgment.
The commission argued that the trial court erred in law by failing to address what it described as jurisdictional issues surrounding the suit.
According to INEC, the case instituted by the Youth Party was hypothetical and academic, and the failure of the court to pronounce on the issue resulted in a denial of fair hearing to the commission.
The electoral body further urged the Court of Appeal to strike out the suit because the respondent lacked the locus standi to institute and maintain the action.
The issues
The case highlights ongoing legal and constitutional debates surrounding the powers of INEC in regulating electoral processes and issuing guidelines for political parties ahead of elections.
At the centre of the dispute is the interpretation of provisions of the Electoral Act 2026 relating to timelines for submission of membership registers and candidates’ details.
Legal analysts note that the outcome of the appeal could have significant implications for electoral administration, party compliance requirements and preparations ahead of the 2027 general election.
What’s being said
INEC maintains that the Federal High Court failed to properly consider critical jurisdictional issues before delivering its judgment.
The commission insists that the suit lacked merit and should have been struck out for being speculative and academic in nature.
On the other hand, the judgment has been viewed by some political stakeholders as a reaffirmation of the supremacy of statutory timelines contained in the Electoral Act over administrative guidelines.
What’s next
The Court of Appeal is expected to determine INEC’s application for stay of execution pending the hearing of the substantive appeal.
Legal observers anticipate that the appellate court’s decision may further clarify the extent of INEC’s powers in issuing electoral regulations and timelines.
The outcome of the case could also shape preparations and compliance requirements for political parties ahead of the 2027 general election.
Bottom line
INEC’s decision to challenge the Federal High Court judgment underscores the growing legal scrutiny surrounding electoral guidelines ahead of the 2027 elections. The appeal is expected to test the balance between statutory electoral provisions and the regulatory powers of the electoral commission in managing Nigeria’s democratic process.
