The Independent National Electoral Commission (INEC) has petitioned the Abuja Court of Appeal to overturn the verdict that nullified the dates it provided for the 2027 general elections.
The Commission also requested a stay of execution of the judgment pending the resolution of its appeal.
INEC filed a notice of appeal on May 25 through its team of attorneys led by Dr. Alex Izinyon, SAN, on nine grounds, urging the appellate court to consider and vacate the May 20 ruling of the Federal High Court in Abuja.
Aside from claiming that the high court erred in law by failing to resolve a jurisdictional question it raised, INEC contended that the legal action started by the Youth Party (YP) against it was not only hypothetical but also academic.
It maintained that the trial court’s reluctance to make statements on the issues denied the appellant a fair hearing.
INEC insisted that the high court erred in law when it held that the following can be understood from the wordings of Sections 29(1), 82, and 84 of the Electoral Act, 2026. Section 29(1) of the Electoral Act, 2026, mandates political parties to submit the names of candidates in prescribed forms of the candidates who emerged from their valid primaries, which such a political party intends to sponsor at the elections, not later than 120 days before the date of the general election.
“What is required of political parties to do under the Electoral Act, 2026, is to notify the Independent National Electoral Commission (INEC) 21 days before the holding of its primaries, congresses, or conventions, days before the holding of its primaries, congresses, or conventions, or any conference or meeting convened for the election of its executive committees or other governing bodies for nominating candidates.
“The Defendant is not mandated to impose a timeframe for political parties to conduct their primaries, provided that it will be done and submitted not later than the 120 days provided by the Electoral Act, 2026. See Section 82(1) of the Electoral Act, 2026.”
INEC noted that the verdict of the trial court was against the weight of evidence that was placed before it by the parties.
Therefore, it urged the appellate court for an order granting the appeal and setting aside the judgment.
The electoral authority also urged the Court of Appeal to dismiss YP’s complaint, claiming that it lacked the locus standi (legal right) to initiate and maintain the action, which it described as purely academic.
