The Court of Appeal in Abuja has restored the Independent National Electoral Commission (INEC)'s guidelines for the conduct of the 2027 general elections, overturning an earlier judgment of the Federal High Court that nullified key provisions of the electoral timetable.
In a unanimous judgment, the appellate court set aside the May 20 ruling of the Federal High Court in Abuja, which had invalidated the guidelines and restrained INEC from implementing them.
The lead judgment, prepared by Justice Adebukola Banjoko and delivered by Justice Okon Abang, held that the Youth Party (YP), which instituted the suit against INEC, lacked the requisite legal standing (locus standi) to challenge the electoral guidelines.
Justice Banjoko held that the party failed to demonstrate how the guidelines adversely affected its members or its conduct of primary elections for the nomination of candidates ahead of the 2027 general elections.
The court further ruled that the Youth Party did not establish how the guidelines hindered its ability to submit the names of its nominated candidates to INEC.
The three-member panel unanimously held that Justice Mohammed Umar of the Federal High Court committed fundamental errors in law by nullifying the guidelines on the grounds that they allegedly violated provisions of the Electoral Act, 2026, describing the decision as one that occasioned a miscarriage of justice.
INEC had challenged the lower court's ruling, arguing that the trial court failed to determine its objection that the suit was merely hypothetical and academic. The electoral commission also contended that it was denied a fair hearing.
Through its lead counsel, Dr. Alex Izinyon, SAN, INEC urged the Court of Appeal to overturn the judgment that invalidated parts of its election guidelines for the 2027 general elections.
The Federal High Court had earlier struck down INEC's timetable for the conduct of party primaries, as well as the timelines for the submission, withdrawal and substitution of candidates.
Justice Umar had also nullified INEC's May 10 deadline directing political parties to submit their membership registers and databases as a prerequisite for participation in the 2027 general elections.
The trial court held that the timelines fixed by the electoral umpire for the conduct of party primaries and the submission, withdrawal or replacement of candidates were inconsistent with the provisions of the Electoral Act, 2026.
Dissatisfied with the decision, INEC filed a nine-ground appeal on May 25, 2026, asking the appellate court to set aside the judgment and grant a stay of execution pending the determination of the appeal.
In its decision, the Court of Appeal upheld INEC's appeal, effectively restoring the commission's guidelines and timelines for political party primaries, candidate nominations and other preparatory activities for the 2027 general elections.
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