The Independent National Electoral Commission has filed a Notice of Appeal challenging the judgment of the Federal High Court in Abuja which nullified part of the commission’s guidelines for the conduct of the 2027 general elections.
The appeal was filed before the Court of Appeal, Abuja Judicial Division, following the judgment delivered by Justice Muhammed Umar on May 20, 2026.
The Federal High Court had nullified aspects of INEC’s revised timetable directing political parties to submit their membership registers and databases by May 10 as a condition for participation in the 2027 elections.
The judgment followed a suit filed by the Youth Party, which challenged the legality of the directive.
The court held that INEC could not lawfully shorten the timeline already provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.
However, INEC, in its appeal dated May 25, argued that the lower court erred in its interpretation of the Electoral Act and asked the appellate court to overturn the ruling.
According to the Notice of Appeal, the commission said it was dissatisfied with the judgment and sought orders setting aside the decision of the trial court.
INEC predicated its appeal on nine grounds, insisting that the lower court failed to properly determine all issues raised in its preliminary objection.
The commission argued that the trial judge failed to address its argument that the suit was hypothetical and academic, thereby denying it fair hearing.
“The learned trial judge erred in law when he failed to pronounce on the jurisdictional issue of the suit being hypothetical and academic, which failure occasioned denial of fair hearing to the appellant,” the commission stated.
INEC also challenged the court’s finding that the Youth Party had the legal standing to institute the suit.
The commission maintained that the party failed to show sufficient injury or interest that would justify the action.
The electoral body further faulted the trial court’s interpretation of Section 29(1) of the Electoral Act, arguing that the law does not prevent political parties from submitting membership records earlier than 120 days before an election.
According to INEC, its revised timetable did not unlawfully alter the provisions of the Electoral Act but merely operated within statutory limits.
The commission also argued that the trial court failed to properly apply Section 151 of the Electoral Act, which empowers INEC to issue regulations, guidelines, and manuals for the administration of elections.
INEC insisted that its timetable was a lawful exercise of its statutory powers and did not contradict any provision of the Electoral Act.
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The commission further accused the trial court of disregarding binding decisions of the Supreme Court and the Court of Appeal.
“By the doctrine of stare decisis, the learned trial judge was bound by the above cases which were cited to him, but he refused or failed to follow the same,” INEC argued.
In its reliefs, the commission asked the appellate court to allow the appeal, set aside the judgment of the Federal High Court, and strike out the suit entirely on the grounds that the respondent lacked locus standi and that the matter was academic.
Alongside the appeal, INEC also filed a motion seeking a stay of execution of the judgment pending the determination of the appeal.
The commission warned that enforcing the judgment could disrupt preparations for the 2027 general elections.
“If the judgment of this honourable court is enforced or executed before the hearing and determination of the appeal, the entire electoral architecture and preparations for the 2027 general elections will be thrown into confusion, and the appeal will be rendered nugatory,” the commission stated.
