Di Independent National Electoral Commission, wey dem dey call Inec, don approach di Court of Appeal to set aside di judgement wey Federal High Court, Abuja give on May 22. Dat judgement bin nullify some part of di 2027 general election timetable wey di commission bin publish.
Youth Party, one of di registered political parties for Nigeria, na dem carry di mata go court. According to court documents wey BBC News Pidgin see, Justice Mohammed Umar bin hold say Inec no get power to issue deadlines to political parties or give dem conditions wey no correspond wit di provisions of di Electoral Act.
But for di appeal wey Inec file, di commission claim say Justice Umar commit plenty errors. Dem say di judgement of di trial court dey against di weight of evidence placed bifor am. Inec list nine grounds of appeal and more dan 60 particular errors wey dem claim say Justice Umar bin commit for law wen e deliver dat judgement.
For Ground One, Inec claim say di lower court deny dem fair hearing by refusing to rule on one of di preliminary objections wey dem bin raise during di trial. Alex Izinyon, Senior Advocate of Nigeria wey file di appeal on behalf of Inec, claim say dem raise di issue say Youth Party no get di locus standi to file di mata for court, and also say di suit dey hypothetical and academic. Locus standi na legal word wey mean weda pesin get di right to even carry mata come court in di first place.
Ground Two, Inec maintain say Justice Umar make mistake to rule say di Youth Party get locus standi for di mata. Oga Izinyon tok say di party no show di court any particular injury wey dem bin suffer sake of di revised timetable wey Inec bin issue, and dem no tok wetin be dia personal interest for di mata.
Ground Three, Inec tok evidence no dey say dem impose time frames on political parties to conduct dia primary elections. Di commission say di trial court also misinterprete sections 29(1), 82 and 84 of di Electoral Act 2026. Di revised 2027 general election timetable no be to impose, but na to provide period wey dey permissible by di Electoral Act, Inec lawyer Alex Izinyon tok.
Count Four, Inec say di trial court commit error wen e fail to apply section 151 of di Electoral Act wey mandate Inec to issue regulations, guidelines and manuals for di purpose of elections. Di revised timetable na Inec power to do, Izinyon tok.
Count Five, Inec say dem get power from di constitution and di Electoral Act to make timetable for di 2027 general election. Di learned trial court no point out some of di items inside di timetable wey no dey consistent wit di Act, oga Izinyon stated.
Count Six, Inec also insist say Justice Umar dey wrong to rule say some of di timelines for di Inec timetable don change di political activities allowed by di Electoral Act. Di commission insist say dem get power to make regulations and guidelines of electoral activities.
Count Seven, Izinyon tok say during di trial, di Inec lawyer bin cite different decided cases to support dia position say di commission get power to make regulations and timetables for election, but Justice Umar no consider all dose arguments. By di doctrine of stare decisis, di learned trial judge dey bound by di cases wey we bin cite for am, but e refuse or fail to follow same, e tok.
Count Eight, Inec tok say di Youth Party bin fail woefully to prove dat di Inec revised timetable bin restrict dia political activities. Di trial court dey wrong to grant di Youth Party all dia prayers wen dem no place any sufficient material bifor di court to warrant di granting of same, di Inec lawyer tok.
Count Nine, di judgement of di trial court dey against di weight of evidence placed bifor am. Based on dis grounds, Inec ask di appeal court to set aside di judgement of Justice Mohammed Umar, and to strike out di mata bicos di Youth Party no get di locus standi to bring di mata to court in di first place.
E neva dey clear weda Inec apply to di trial court for stay of execution of di initial judgement pending di outcome of di appeal. If di court grant stay of execution, e mean say di 2027 election timetable wey Inec release go continue to dey go on as e be for now, until di court of appeal deliver dia judgement. On di oda hand, if no stay of execution order dey in place, e mean say di nullification of di timelines for di election timetable wey Justice Umar bin order, go remain like dat, unless di appeal court give a different judgement.
Meanwhile, for anoda development, Justice James Omotosho of di Federal High Court Abuja don affirm di power of Inec to issue timetable for elections and alter it as e deem fit. Justice Omotosho hold say di 2027 election timetable wey Inec issue dey valid and legally issued, stating timeframe within which political parties are to hold dia primaries and stating timeframe for di submission of membership registers of political parties.
Justice Omotosho make di declaration while delivering judgement for a suit wey Social Democratic Party file against Inec. Di SDP bin ask five questions for determination, including weda Inec powers to receive notices, attend, observe and monitor party primaries extend to fixing or prescribing di timetable within which political parties must conduct dia primaries.
But Inec for dia defence state say dia powers no dey limited to receiving notices and attending primary elections, but to organise and supervise elections and issue timetables to ensure compliance wit di Electoral Act. Di timetable wey dem issue no go interfere wit di internal affairs of di plaintiff and di primaries of di SDP neva start.
Delivering judgement, Justice Omotosho say though di law dey trite say a subsidiary legislation must not dey at variance wit di principal act, Inec dey empowered to issue subsidiary legislation such as election timetable pursuant to Section 151 of di Electoral Act 2026. Di issuance of a timetable na to give effect to di Electoral Act especially wit all its various timelines.
Di judge hold say election timetable na chain of events or actions stating from timeframe for di submission of membership register of political parties to be used for di purpose of di primaries and di election, timeframe for primaries and eventually get to di real voting. Election timetable without date for submission of parties membership register, timeframe for primaries, etc dey inchoate.
Justice Omotosho hold say without di timetable, there go be chaos for our Electoral system. Di court dey convinced say Inec dey empowered by di Electoral Act to issue timetables for elections. To further buttress dis, di Constitution of di Federal Republic of Nigeria wey be di grundnorm of all laws for Nigeria alluded to dis under Section 285(14) of di Constitution as amended.
But di judge say on di issue of di timeframe for di substitution and withdrawal of nominated candidates, e dey provided for under Section 31 of di Electoral Act 2026. A candidate fit withdraw im candidature by notice in writing signed by am together wit a sworn affidavit delivered personally by di candidate to di political party wey nominate am for di election and di political party shall convey such withdrawal and di sworn affidavit to di commission not later dan 90 days to di election.
According to di judge, from di above, political parties dey by law allowed di liberty to submit di withdrawal and sworn affidavit to Inec not later dan 90 days to di election. Di defendant for di revised timetable however stipulate di 22nd of August 2026 and 19th September 2026 as di date for candidates for Presidential and National Assembly elections and Governorship and House of Assembly. Dese dates dey far larger dan di 90 days allowed by di Electoral Act 2026. Dis mean say di timetable don reduce di timeframe for parties to submit withdrawal to Inec.
Di judge hold say Inec therefore act ultra vires its powers by reducing di time allowed by political parties to convey withdrawals and sworn affidavit to Inec contrary to di 90 days stipulated by di Electoral Act 2026. For di final analysis, Inec dey empowered by law to issue timetable for elections but e must do so for compliance wit di time frames for di Electoral Act 2026. Di claims of di plaintiff SDP succeed in part.
Justice Omotosho consequently declare say di suit no be statute barred contrary to Inec submission as di March 27 press statement originate di action, having been filed on April 9. E declare say di election timetable na chain of events or actions wey include submission of membership register of political parties to be used for di purpose of primaries and fix timeframes within which political parties are to organise dia primary elections for di purpose of di stated 2027 election.
Di judge declare say Inec dey empowered by di 1999 constitution as amended and di Electoral Act 2026 to issue timetable for elections and to even alter same as e deem fit. However, di timetable must comply strictly wit di timeframes for di Electoral Act 2026. Di court declare say Inec cannot lawfully abridge or vary di 90 days period for substitution of candidates under Section 31 of di Electoral Act 2026, and cannot abridge di time stipulated for political parties to submit di names of dia candidates at least 120 days to di date of election. Di court order Inec to amend di Election Timetable 2027 and Schedule of Activities for compliance wit Sections 29(1) and 31 of di Electoral Act 2026.
