Appeal Court Overturns Lower Court Ruling on INEC Timetable
The Court of Appeal in Abuja has set aside a Federal High Court judgment that nullified the Independent National Electoral Commission’s (INEC) timetable for the 2027 general elections. In a unanimous decision delivered on Thursday, July 16, a three-member panel of the appellate court ruled that INEC’s revised schedule is legally valid and that the lower court failed to follow binding judicial precedents.
The appellate court held that INEC’s Revised Timetable for the 2027 general elections constitutes subsidiary legislation under the Electoral Act, 2026, with the same force of law as the principal legislation. It further ruled that the electoral commission acted within its statutory powers and that every deadline in the timetable falls within the provisions of the Electoral Act.
INEC’s Appeal and Grounds of Challenge
INEC, in its notice of appeal dated May 25, raised nine grounds challenging the Federal High Court’s decision. The commission argued that the trial court erred by failing to determine a jurisdictional issue it had raised and maintained that the suit filed by the Youth Party was hypothetical and academic. INEC also contended that the trial court’s failure to rule on the jurisdictional issues amounted to a denial of its right to a fair hearing.
The electoral body further challenged the lower court’s interpretation of the Electoral Act, particularly its finding that Sections 29(1), 82, and 84 of the Electoral Act, 2026, do not mandate INEC to impose a timeframe for political parties to conduct their primaries, provided they submit candidate names not later than 120 days before the general election. INEC argued that the judgment was against the weight of evidence and urged the Court of Appeal to allow the appeal, set aside the judgment, and strike out the Youth Party’s suit for lack of locus standi.
Background: Federal High Court’s Nullification
The appeal stems from a judgment delivered by Justice Mohammed Umar of the Federal High Court, which invalidated INEC’s timetable for party primaries and candidate nominations for the 2027 general elections. Justice Umar also nullified INEC’s May 10 deadline requiring political parties to submit a register and database of all their members as a condition for participation in the elections.
The Federal High Court had held that the timeframe imposed by INEC for political parties to conduct primaries and submit, withdraw, or replace candidates “is inconsistent with the provisions of the Electoral Act, 2026.” The court ruled that, under Section 29(1) of the Electoral Act, INEC cannot lawfully abridge the statutory 120-day period for candidate submission by prescribing a shorter timeframe in its timetable.
Youth Party’s Suit and Court Ruling
The case followed a suit filed by the Youth Party, marked FHC/ABJ/CS/517/2016, seeking an order compelling INEC to comply with the Electoral Act’s 120-day pre-election deadline for submission of party registers and candidates’ personal particulars. The party asked the court to declare that INEC’s powers to receive notices of party primaries, monitor them, and receive candidates’ particulars do not extend to prescribing the timetable for primary elections.
Agreeing with the Youth Party, Justice Umar had ruled that, under Section 31 of the Electoral Act, which permits political parties to withdraw and substitute candidates not later than 90 days before an election, INEC lacks the authority to shorten that statutory period. He also ruled that, under Section 32, INEC cannot publish the final list of candidates before the minimum 60-day period prescribed by law.
Impact of the Appeal Court Decision
The Court of Appeal’s decision restores INEC’s timetable, allowing the commission to proceed with its planned schedule for the 2027 general elections. The ruling affirms INEC’s authority to set deadlines for party primaries and candidate nominations, provided they align with the Electoral Act. This decision is expected to provide clarity and stability to the electoral process as Nigeria prepares for the 2027 elections.
