The Independent National Electoral Commission (INEC) has appealed the judgment of the Federal High Court in Abuja nullifying the timelines issued for the conduct of party primaries and the nomination of candidates. The commission filed a notice of appeal and a motion for stay of execution on Monday, May 25.
According to the News Agency of Nigeria, the electoral umpire anchored its appeal on nine grounds, with INEC arguing that the judge erred in law when he failed to pronounce on the jurisdictional issue of the suit being hypothetical and academic. INEC said sections 29(1), 82 and 84 of the Electoral Act, 2026 did not permit the restricted, narrow interpretation accorded by the lower court, and that the trial court misdirected itself in law when it failed to apply the provision of section 151 of the Electoral Act, 2026.
Last Wednesday, a federal high court in Abuja presided over by Judge Mohammed Umar nullified INEC’s timelines, holding that the commission 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.
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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. INEC’s appeal seeks to overturn the lower court’s ruling and restore the commission’s authority to set binding deadlines for party primaries and candidate nominations. The motion for stay of execution asks the court to suspend the effect of the judgment while the appeal is pending.
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