INEC Heads to Court of Appeal After High Court Primary Judgment

ABUJA — The Independent National Electoral Commission has filed an appeal at the Court of Appeal challenging a Federal High Court judgment that has implications for the validity of some party primaries ahead of the 2027 general elections. The Guardian Nigeria reported the development on Wednesday, describing it as a critical constitutional debate with far-reaching electoral consequences.

The specific judgment in question and the party or parties involved were not fully detailed in initial reports available by Thursday morning. However, INEC’s decision to go to the Court of Appeal signals that the commission believes the lower court ruling, if allowed to stand, could significantly affect its management of the 2027 candidate verification process.

INEC Chairman Prof. Joash Amupitan had earlier urged his staff to uphold professionalism and integrity during the Eid-el-Kabir period. He emphasised that INEC’s role in ensuring credible elections is a sacred public trust that must be protected at all times, including during public holidays.

Legal experts said INEC’s move to the Court of Appeal is consistent with its pattern of defending its constitutional mandate aggressively through the courts. The commission has a history of appealing lower court decisions that it believes encroach on its independence or contradict the Electoral Act.

Constitutional Debate Reopened

The Guardian described the INEC appeal as thrusting the electoral process into a critical constitutional debate. At issue is the extent to which courts can review the conduct of party primaries and the conditions under which INEC must accept or reject candidates produced by those primaries.

Nigerian courts have increasingly become battlegrounds for electoral disputes that previously would have been resolved through party internal mechanisms. Multiple court orders relating to APC and PDP primaries are already in the pipeline. The INEC appeal adds another layer to what is becoming a very complex legal landscape ahead of 2027.

Furthermore, the ADC primary controversy adds fresh urgency to the constitutional questions INEC is raising. If courts begin setting precedents for when INEC must or must not accept disputed primary results, those precedents will directly affect how the commission handles the ADC’s own crisis.

May 30 Deadline Still Stands

INEC has maintained its position that the May 30 deadline for submitting party candidates still stands. The commission said it will not grant extensions regardless of ongoing appeals. Parties that miss the deadline will not be allowed to field candidates for the relevant offices in 2027.

However, legal experts said court orders obtained by individual aspirants or parties could potentially override INEC’s deadline if a court issues an injunction compelling the commission to accept a late submission. Such injunctions have been granted in past Nigerian election cycles, creating chaos in the candidate verification process.

Civil society groups have called on the Court of Appeal to expedite the hearing of INEC’s appeal given the time-sensitive nature of the electoral calendar. They said prolonged legal uncertainty about the validity of primaries and the status of candidates is harmful to public confidence in the 2027 electoral process.