INEC Files Appeal Against Court Ruling That Struck Down Election Timetable

Eshioromeh Sebastian

The Independent National Electoral Commission (INEC) has formally challenged a recent Federal High Court judgment that nullified key provisions of its revised timetable for the 2027 general elections.

In an appeal filed on May 25 at the Abuja Division of the Court of Appeal, the electoral body is seeking to overturn the decision of Justice Muhammed Umar, which had declared that several deadlines imposed by INEC were inconsistent with the Electoral Act, 2026.

The trial court had ruled that INEC overstepped its powers by shortening timelines already prescribed by law.

Specifically, Justice Umar held that the commission could not require political parties to submit their membership registers by May 10, 2027, as a condition for participation, when Section 29(1) of the Electoral Act gives parties up to 120 days before the election to submit candidate particulars.

Similarly, the court invalidated INEC’s deadlines for the withdrawal and replacement of candidates, the publication of the final list of candidates, and the end of campaigning—all of which, according to the judge, violated statutory periods clearly outlined in the Electoral Act.

Dissatisfied with the ruling, INEC, through its lead counsel, Chief Alex Izinyon, SAN, filed nine grounds of appeal arguing that the trial court failed to properly address the issue of jurisdiction. Izinyon contends that the lawsuit filed by the Youth Party was hypothetical and academic, lacking a live controversy that required judicial intervention.

According to the commission’s appeal, the Electoral Act does not mandate INEC to impose timeframes for political parties to conduct their primaries, as long as the parties submit their candidates’ names no later than 120 days before the election. INEC argues that its revised timetable was merely an administrative guide, not an unlawful alteration of the law.

In addition to the appeal, INEC has filed a motion requesting a stay of execution of the trial court’s judgment. This means the commission wants the appellate court to suspend the lower court’s ruling while the appeal is being heard. If granted, INEC would be allowed to continue using its original timetable pending the final outcome of the case.

The electoral umpire is also asking the Court of Appeal to strike out the suit entirely, arguing that the Youth Party lacked the legal standing (locus standi) to bring the case in the first place.

No date has yet been fixed for the hearing of the appeal. Legal observers say the outcome could have significant implications for the commission’s authority to organize elections and for political parties preparing for the 2027 polls.