The Court of Appeal in Abuja, on Thursday, validated the Guidelines of the Independent National Electoral Commission (INEC) on the conduct of the 2027 general election. In a unanimous decision, the court set aside the judgement of the Federal High Court that had nullified part of the guidelines.
Appeal Court Overturns Lower Court Ruling
The appellate court voided and set aside the 20 May judgement of the lower court, which had nullified the guidelines and barred their implementation. The Federal High Court judgement had gutted key parts of INEC’s Revised Timetable and Schedule of Activities for the 2027 General Election, including the timeframe for primary elections and post-primary election activities of political parties.
The lower court’s decision affected schedules for conducting political parties’ primary elections, timeframes for parties to nominate, withdraw, and replace candidates’ personal particulars, and INEC’s publication of the final list of candidates. The primary election phase of the 2027 election cycle has since passed.
Lead Judgement Delivered
Justice Adebukola Banjoko delivered the lead judgement of the Court of Appeal on Thursday, holding that the trial court erred in invalidating INEC’s administrative discretion. The judgement was read on her behalf by Justice Okon Abang. “The law gives INEC the power to conduct elections in the country,” Justice Banjoko ruled.
The court held that the Youth Party (YP), which instituted the case against INEC, lacked the locus standi (legal power) to institute the suit. The court further held that there was no deposition or threat that the respondent was prevented from conducting its primaries. “The respondent can only invoke the powers of the court where there are heavy threats to its participation in the election. Where INEC acts within its power, the courts cannot get involved. The declarative reliefs of the trial court were wrongly granted and are hereby set aside,” the court held.
Youth Party’s Case Dismissed
Justice Banjoko said that the party did not explain how the guidelines affected it and its members in the conduct of its primary election for the nomination of candidates for the 2027 poll. The panel of three justices unanimously agreed that the Federal High Court erred and caused a miscarriage of justice by nullifying the guidelines on the grounds that it violated some provisions of the Electoral Act.
INEC, which appealed against the high court’s decision, had argued that the lower court erred in law. The electoral umpire contended the lower court erred when it failed to pronounce on the jurisdictional issue of the suit being hypothetic and academic, and a denial of fair hearing. Through its lead counsel, Alex Izinyon, a Senior Advocate of Nigeria, INEC asked the appellate court to set aside the judgment of the lower court which nullified part of its 2027 election guidelines.
Background of the Case
The News Agency of Nigeria (NAN) recalls that the Youth Party had challenged the legality of INEC’s guideline directing political parties to submit their membership registers and databases by May 10 at the Federal High Court. The commission stated this was a condition for participating in the 2027 general elections. In its judgement, the lower court held that INEC could not lawfully shorten the timeline provided under Section 29(1) of the Electoral Act, 2026, for submitting party membership records and candidates’ particulars.
Displeased by the decision, INEC filed an appeal dated 25 May urging the appellate court to set aside the judgment. The commission argued that the trial court erred in law by failing to determine its objection that the suit was hypothetical and academic, and that the proceedings amounted to a denial of fair hearing. INEC also contended that the trial court’s judgment was against the weight of evidence before it and urged the Court of Appeal to allow the appeal, set aside the judgment and strike out the suit. The electoral body further argued that the Youth Party lacked the locus standi to institute and maintain the suit, describing it as academic.
