Appeal court restores INEC’s 2027 electoral guidelines

By Taiwo Scholarstica 

The Court of Appeal in Abuja on Thursday overturned a Federal High Court judgment that had nullified portions of the Independent National Electoral Commission’s (INEC) electoral guidelines for the conduct of the 2027 general elections.

In a unanimous decision, the appellate court held that the Youth Party, which filed the suit challenging the guidelines, lacked the legal standing (locus standi) to institute the action.

The lead judgment, prepared by Justice Adebukola Banjoko and delivered by Justice Okon Abang, stated that the Youth Party failed to show how the electoral guidelines adversely affected the conduct of its primary election or the submission of its candidates for the 2027 polls.

Justice Banjoko held that the party did not establish any injury or violation of its rights arising from the guidelines to justify filing the suit.

The three-member panel further ruled that the trial judge, Justice Mohammed Garba Umar of the Federal High Court, erred in his May 20 judgment, which invalidated parts of the guidelines on the grounds that they conflicted with provisions of the Electoral Act.

According to the appellate court, the lower court’s decision resulted in a miscarriage of justice.

In the earlier ruling, Justice Umar had held that INEC lacked the constitutional and statutory authority to compel political parties to conduct their primaries within timelines fixed by the commission.

The Federal High Court had also invalidated sections of INEC’s timetable requiring political parties to submit their membership registers and candidates’ particulars ahead of the timelines stipulated in the Electoral Act, ruling that the commission could not lawfully shorten statutory deadlines.

Dissatisfied with the judgment, INEC challenged the decision at the Court of Appeal through its counsel, Dr. Alex Izinyom.

The electoral commission argued that the Federal High Court failed to determine its preliminary objection that the suit was hypothetical and academic, thereby denying it a fair hearing.

The Court of Appeal upheld INEC’s appeal and set aside the judgment of the Federal High Court, effectively restoring the validity of the commission’s electoral guidelines for the 2027 general elections.

Further details are expected.