Election Timetable Controversy: Appeal Court strikes out INEC’s stay of execution application

The Court of Appeal sitting in Abuja on Tuesday struck out an application for stay of execution filed by the Independent National Electoral Commission (INEC) in respect of the judgment of the Federal High Court that nullified the Commission’s election table.

The application was withdrawn by counsel to INEC after the matter had proceeded to the hearing of the substantive appeal.

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Following the withdrawal, the three-member appellate panel held that the application had been overtaken by events and was of no practical effect, before striking it out.

The court thereafter proceeded with the hearing of the substantive appeal challenging the decision of the Federal High Court.

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During the proceedings, the appellate court also entertained two separate applications seeking to be joined as parties in the appeal.

The first application was filed by the Action Alliance (AA), while the second was brought by Mrs. Clementina Onouha, an aspirant who is seeking to participate in the proceedings on the grounds that the outcome of the appeal could affect her interests.

The court, however, adjourned hearing on both joinder applications until July 6, 2026 after INEC Counsel Izyon SAN, denied receipt of service of processes from Mrs Onuoha despite proof of service presented to him in Court. The drama was cut shot by the Panel who directed fresh copies to be served on him in Court.

The outcome of the applications is expected to determine whether the proposed parties will participate in the appeal before further proceedings continue.

Recall that the appeal arose from a judgment of the Federal High Court in Abuja which nullified the elections table prepared by the Independent National Electoral Commission (INEC) in relation to the dispute over the conduct of political parties’ internal elections.

Dissatisfied with the decision, INEC lodged an appeal before the Court of Appeal and, pending the determination of the appeal, filed an application seeking a stay of execution of the Federal High Court’s judgment to preserve the status quo.

However, with the substantive appeal already underway, INEC withdrew the application for stay of execution, prompting the Court of Appeal to hold that it had become academic and had been overtaken by events before striking it out.

The substantive appeal remains pending before the appellate court, while the determination of the pending joinder applications by the Action Alliance and Mrs. Clementina Onouha is expected to shape the subsequent proceedings in the matter.

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