Sagay, Okorie, Ameh Warn INEC Against Appealing Judgment On Primaries

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LAGOS – Prof. Itse Sagay, former Chair­man, Presidential Advisory Committee Against Corruption (PACAC); Chief Chekwas Okorie, founder of the All Progressives Grand Alliance (APGA), and Peter Ameh, acting National Chairman, Coalition of United Political Parties (CUPP), have urged the Independent National Electoral Commission (INEC) not to appeal the judgment void­ing its timetable for 2027 party primaries and submission of membership registers, noting that such actions are capable of deepening trust deficit.

They are reacting to the judg­ment delivered by Justice Moham­med Umar, which nullified INEC’s timelines for the conduct of party primaries and submission of can­didates for the 2027 polls.

Recall that INEC on Monday filed a notice of appeal and a mo­tion for stay of execution of the judgment delivered by Justice Mohammed Umar.

Through its counsel, Alex Iz­inyon, the commission argued that the trial judge erred in law by failing to determine whether the suit was hypothetical and academic.

INEC also argued that the lower court wrongly interpreted Sections 29(1), 82 and 84 of the Electoral Act, 2026 by giving them what it described as a narrow in­terpretation.

The commission further con­tended that the trial court failed to apply the provisions of Section 151 of the Electoral Act, 2026, to the case.

Sagay told Daily Independent that the judgment of Justice Mo­hammed Umar is a very excel­lent judgment which promotes democracy and gives prospects that the coming elections will be competitive.

He said there’s no need for INEC to attempt appealing it, say­ing that the commission should accept the fact that it made a mistake.

He said, “What INEC was trying to do was to shut down the election before it even starts. It created a new set of rules in conflict with the Electoral Act just to prevent other parties from getting ready, from putting themselves in a position to be able to compete effectively. Shut down everything, only the All Progressives Congress (APC) will be ready and then it’ll just be a walkover. So, that judgment not only is completely in accor­dance with the Electoral Act, not only is it actually preserving and enforcing the Electoral Act and preventing INEC from trying to alter the provisions of the Act so as to prevent other parties from being ready to compete. INEC tried to prevent competition.

“What it was trying to do was to prevent those who were not nominated by APC from going to other parties. That’s not the job of the INEC chairman. That’s not what he was appointed to do. He’s not there to go and deliberately begin to prevent other parties from being in a competitive sit­uation. His position is that of a judge to apply the law as it is. For me, it was a big disappointment for a lawyer who’s a senior advo­cate to now try to mutilate the Electoral Act in order to prevent proper competition in the com­ing elections.”

He added, “The judgment is so clear. It’s a super judgment, excel­lent judgment, which interprets the law perfectly. And if the chair­man of INEC is a lawyer and is a senior advocate, what he has to do now is to admit that he made a mistake and therefore agree with the judgment. That’s one of the best judgments I’ve ever heard. I agree with everything the judge said. Appealing the judgment is just trying to create a trust deficit which is not good for the electoral umpire.”

Okorie, while reacting to the actions of INEC, told Daily In­dependent that the commission must assure Nigerians that it’s not partisan.

He said, “What will INEC lose by obeying a well-consid­ered judgment, complying with it? And what will INEC gain if it proceeded to go to the appellate court to appeal the judgment? It’ll only portray INEC as an electoral body that is simply not indepen­dent. And it’ll further deepen the trust deficit that the people, that INEC already has put itself into. And I also say further that INEC mustn’t forget that the country is currently very volatile. It’s sitting on a keg of gunpowder. There are so many flash-points.

“INEC mustn’t be seen to ex­acerbate the situation. Obeying the judgment of the court will portray INEC as not only neutral, but ready to obey the law.”

Ameh, on his part, main­tained that the judgment must be upheld until it’s set aside. “Even the National Assembly that made the electoral law, to stiffen the participatory process in the 2027 election, most of them couldn’t get their tickets, because the law was actually made to trap the opposition, to make sure it be­comes difficult for the opposition to contest, for the implosion that would happen within the APC by the conduct of their primaries. But at the end of the day, it’s not only the law now. About 50% of the National Assembly members couldn’t even get their return tickets, because the law also trapped them. So, what we’re say­ing is the law shouldn’t be made for the purpose of victimising the opposition political parties. INEC has a responsibility to redeem its image by obeying the judgment, anything short of that will affect the perception people have of the 2027 general elections and stop the competitiveness, just like that witnessed in 2023.”