INEC challenges court ruling voiding timetable for party primaries
The Independent National Electoral Commission (INEC) has filed an appeal against the judgment of a Federal High Court in Abuja which nullified its timetable for political party primaries and candidate nominations ahead of the 2027 general elections.
The commission also filed a motion seeking a stay of execution of the judgment delivered by Justice Mohammed Umar, who ruled that INEC lacked the powers to prescribe timelines for the conduct of party primaries.
The court had held that the powers granted to the electoral body under Sections 29, 82 and 84(1) of the Electoral Act, 2026 do not include fixing deadlines for political parties to conduct primaries for the nomination of candidates.
The judgment followed a suit filed by the Youth Party, marked FHC/ABJ/CS/517/2016, challenging the revised timetable issued by INEC for the 2027 elections.
Under the timetable, political parties were directed to submit their membership registers by May 10 and conclude primaries, withdrawals and replacement of candidates before the end of May.
According to the News Agency of Nigeria (NAN), INEC based its appeal on nine grounds, arguing that the trial court erred in law by failing to address its objection that the suit was hypothetical and academic.
The commission, through its counsel, Alex Izinyon, also argued that Sections 29(1), 82 and 84 of the Electoral Act, 2026 were wrongly interpreted by the lower court.
INEC further contended that the trial judge misdirected himself by failing to apply the provisions of Section 151 of the Electoral Act, 2026, insisting that the electoral body acted within its statutory powers in issuing the election timetable.
