Election Guidelines: INEC Appeals Judgment, Seeks Stay Of Execution

THE Independent National Electoral Commission (INEC) has appealled the judgment of a Federal High Court in Abuja, which nullified part of its election guidelines for the conduct of next year’s general election.
INEC, in a motion on notice attached to the appeal, prayed the Court of Appeal, Abuja Division, for an order staying the execution and/or further execution of the May 20 judgment, pending the hearing and determination of its appeal.
Recall that Justice Muhammed Umar of the Federal High Court had nullified an aspect of the guidelines directing political parties to submit their membership registers and databases by May 10, as a condition for participation in the elections, following a suit filed by the Youth Party challenging the legality of the directive.
The court had ruled that INEC could not lawfully shorten the timeline already provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.
Justice Umar stated: “It is clear from the wording of Sections 29(1), 82, and 84 of the Electoral Act, 2026, the following can be understood. Section 29(1) of the Electoral Act, 2026 mandates political parties to submit the names of candidates first in the prescribed forms of the candidates who emerged from its valid primaries, which such 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, conference, or meeting convened for the election of its executive committees, other governing bodies, or 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.”
However, INEC, in the appeal, dated May 25, through its Counsel, Alex Izinyon, prayed the court to set aside the judgment and stay it execution or further execution, on nine grounds, arguing that the high court erred in law when it failed to pronounce on the jurisdictional issue of the suit being hypothetic and academic, and a denial of fair hearing to the appellant.
Izinyon said the judgment was against the weight of evidence placed before it and therefore prayed the appellate ourt for an order allowing the appeal and setting aside the judgment.
He also prayed for an order of the court striking out the suit, saying the respondent lacks the locus standi to institute and maintain the same, describing the suit as being academic.