By SCM Staff Writer
ABUJA, NIGERIA — The Independent National Electoral Commission (INEC) has officially approached the Abuja Division of the Court of Appeal, seeking to overturn a Federal High Court ruling that invalidated critical components of its guidelines for the 2027 general elections.
In an appeal dated May 25, 2026, and filed through its lead counsel, Chief Alex Izinyon, SAN, the electoral umpire raised nine grounds of appeal.
The commission is praying the intermediate court for an order completely setting aside the lower court’s decision. Additionally, INEC has filed a motion on notice seeking a stay of execution on the judgment, aiming to halt any enforcement of the ruling pending the final determination of the appellate case.
The legal tussle stems from a judgment delivered on May 20, 2026, by Justice Muhammed Umar of the Federal High Court sitting in Abuja.
The court had nullified specific directives issued by INEC which required all registered political parties to submit their comprehensive membership registers and digital databases by May 10, 2026. Under those guidelines, compliance was mandatory for any political party seeking participation in the 2027 general elections.
The Youth Party had dragged the electoral body to court, challenging the legality of the directive. In his judgment, Justice Umar ruled in favor of the political party, stating that INEC could not lawfully shorten or compress timelines that have already been expressly provided for under Section 29(1) of the Electoral Act 2026 regarding the submission of party membership records and candidates’ particulars.
In its fresh appellate filings, INEC strongly contended that the Federal High Court erred in law. The commission argued that the trial judge failed to address crucial jurisdictional issues raised during the proceedings, specifically asserting that the Youth Party’s suit was entirely “hypothetical and academic.”
INEC maintained that this failure resulted in a distinct denial of fair hearing for the commission.
Furthermore, the electoral umpire urged the Court of Appeal to strike out the original suit entirely, on the grounds that the respondent lacked the necessary locus standi (legal standing) to institute and maintain the case. INEC insists that its guidelines are vital administrative tools necessary to ensure a seamless process ahead of the 2027 cycle.
To understand the weight of this legal battle, it is essential to look at the broader framework governing Nigerian elections and the historical friction between the electoral umpire and political parties.
1. The Power Balance: Electoral Act vs. INEC Guidelines
The bedrock of this dispute lies in the hierarchy of electoral laws in Nigeria. While the 1999 Constitution (as amended) and the newly minted Electoral Act 2026 give INEC the constitutional power to organize, undertake, and supervise elections, they also outline rigid legislative boundaries.
Section 29(1) of the Electoral Act provides specific windows for political parties to conduct primaries and submit lists of validly nominated candidates.
INEC’s strategy has increasingly leaned toward early preparation to avoid the logistical nightmares that marred previous general elections.
However, by setting a deadline of May 10, 2026, for membership registers—nearly a year ahead of the actual election year—political parties argued that INEC was overstepping its administrative boundaries and effectively amending the law by executive fiat.
2. The Legacy of Logistical Nightmare
INEC’s aggressive push for early data collection is a direct response to past criticisms. During the 2023 general elections, the commission faced severe logistical constraints, late distribution of materials, and eleventh-hour legal battles over candidate nominations that disrupted the printing of ballot papers.
By demanding party registers early, INEC hoped to clean up party voter bases, minimize double-nominations, and ensure that only legally recognized party members could participate in party primaries.
Smaller parties, however, view these early deadlines as an exclusionary tactic designed to strain their limited administrative capacities.
3. Implications for the 2027 General Elections
This appellate case introduces a layer of legal uncertainty just as the political atmosphere for 2027 begins to heat up.
If the Court of Appeal upholds the High Court’s decision, INEC will be forced to push back its administrative calendar, giving political parties more breathing room but potentially compressing the commission’s operational window closer to the election.
Conversely, if INEC wins the appeal, it will solidify the commission’s power to dictate stringent operational timelines independent of political party complaints.
The outcome of this case will likely set a fresh judicial precedent regarding how far INEC can go in using its internal guidelines to regulate the internal affairs and timelines of Nigerian political parties.