2027 Elections: INEC Heads To Court Of Appeal Over Nullified Timetable
The Independent National Electoral Commission (INEC) has formally challenged the Federal High Court judgment that nullified its revised timetable and schedule of activities for the 2027 general elections, filing both a notice of appeal and a motion for stay of execution.
The notice of appeal, dated and filed on May 25, was lodged through INEC’s lead counsel, Alex Izinyon, SAN, at the Court of Appeal. Alongside the appeal, the electoral umpire filed a motion seeking a stay of execution of the judgment pending the hearing and determination of the substantive appeal.
INEC advanced nine grounds in its appeal, contending that the trial judge, Justice Mohammed Umar, erred in law by failing to pronounce on the jurisdictional question of whether the original suit was hypothetical and academic. The commission argued that this omission amounted to a denial of fair hearing.
The commission further argued that the trial court adopted what it described as a “restricted, narrow interpretation” of Sections 29(1), 82, and 84 of the Electoral Act, 2026, an interpretation it insists is not supported by the statute. INEC additionally contended that the trial court misdirected itself by failing to apply Section 151 of the Electoral Act, 2026, to the matter before it.
The News Agency of Nigeria (NAN) reports that the Youth Party (YP) has been named as the sole respondent in the appeal.
In its prayers, INEC is seeking two principal orders from the appellate court. The first is an order allowing the appeal and setting aside the judgment delivered by Justice Umar on May 20 in suit marked FHC/ABJ/CS/517/2026, between Youth Party and INEC. The second is an order striking out the original suit on grounds that the respondent lacked the locus standi to institute and maintain it, and that the matter was academic in nature.
In the parallel motion on notice filed at the Federal High Court on the same date, INEC sought an order staying the execution, or further execution, of the lower court’s judgment pending the determination of the appeal.
Justice Umar of the Federal High Court in Abuja had, on May 20, voided the 2027 election timetable issued by INEC. Delivering judgment on the suit brought by the Youth Party, the judge 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.
The judge further 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 ahead of the 2027 general elections.
The outcome of the appeal carries significant implications for the country’s electoral calendar, particularly as political parties prepare for an increasingly competitive 2027 cycle. Until the appellate court delivers its verdict or grants the requested stay, the legal status of INEC’s revised timetable remains uncertain, leaving political parties, candidates, and stakeholders awaiting clarity on the framework guiding primaries and pre-election activities.