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Court of Appeal Overturns Federal High Court Ruling That Nullified INEC's 2027 Electoral Guidelines
Court of Appeal Overturns Federal High Court Ruling That Nullified INEC's 2027 Electoral Guidelines
POLITICS
The Nigerian Record
7/17/20263 min read
The Court of Appeal in Abuja has set aside the judgment of a Federal High Court which had nullified certain critical provisions of the Independent National Electoral Commission (INEC)'s electoral guidelines for the 2027 general elections, ruling that the political party that instituted the suit did not have the requisite legal standing to challenge the commission's directives.
In a unanimous decision delivered on Thursday, the three-member appellate panel struck down the May 20, 2026 judgment of the Federal High Court in Abuja in Suit No. FHC/ABJ/CS/517/2026, which had invalidated specific portions of INEC's guidelines concerning political parties' primary elections and the submission of candidates for the 2027 polls.
The appellate court held that the Youth Party, which had filed the suit against INEC, was unable to demonstrate that it had suffered any legal injury or adverse effect as a result of the electoral guidelines. The lead judgment, authored by Justice Adebukola Banjoko and read by Justice Okon Abang, maintained that the party lacked the necessary locus standi to sustain the action.
According to the court, the Youth Party failed to show how the contested provisions had any bearing on either the conduct of its primary election or the submission of its candidates for the forthcoming general elections. Justice Banjoko held that the party did not establish any injury that could confer upon it the legal standing required to mount a challenge against the electoral guidelines.
The appellate court further ruled that the Federal High Court erred by entertaining the suit and proceeding to nullify portions of the guidelines in the absence of a proper cause of action. The panel held that the decision of the trial court amounted to a miscarriage of justice and consequently vacated the entire judgment in its entirety.
The Court of Appeal's decision effectively restores the validity and enforceability of INEC's electoral guidelines for the 2027 general elections.
The controversy had arisen after Justice Mohammed Garba Umar of the Federal High Court, Abuja, on May 20, nullified parts of INEC's electoral guidelines following the suit filed by the Youth Party. In that judgment, the trial court had held that INEC exceeded its constitutional and statutory powers by fixing mandatory timelines for political parties to conduct their primaries.
Justice Umar had ruled that while INEC possesses the powers to regulate elections, it could not impose timelines that effectively altered or abridged periods already prescribed under the Electoral Act. The court also invalidated provisions requiring political parties to submit their membership registers and particulars of candidates before the timelines stipulated by the Electoral Act, holding that administrative guidelines could not override statutory provisions enacted by the National Assembly.
That judgment had been widely viewed as having significant implications for INEC's preparations for the 2027 general elections, as it called into question the commission's authority to issue binding administrative directives governing electoral processes.
In his judgment, Justice Umar had held that INEC lacked the legal authority to alter or shorten timelines already established under Section 29(1) of the Electoral Act 2026 regarding the submission of party membership records and candidates' particulars. He stated that what is required of political parties under the Electoral Act is to notify INEC 21 days before the holding of its primaries, congresses, or conventions, and that the commission 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.
Dissatisfied with the ruling, INEC approached the Court of Appeal, arguing that the Federal High Court had failed to first determine its preliminary objection challenging the competence of the suit. Represented by its counsel, Dr. Alex Izinyom, the electoral commission argued that the Youth Party's action was merely speculative, hypothetical and academic, since the party failed to demonstrate that it had suffered any actual violation of its rights under the electoral guidelines.
INEC also contended that by refusing to determine its objection before proceeding to the substantive issues, the trial court denied the commission its constitutional right to fair hearing. The appellate court agreed with the commission's arguments.
By allowing the appeal, the Court of Appeal set aside the judgment of the Federal High Court and restored INEC's authority to implement its electoral guidelines for the conduct of political party primaries and preparations for the 2027 general elections.