Appeal Court Overturns High Court Verdict, Restores INEC's 2027 Election Guidelines

 

By Abdulahi Musa 

The Court of Appeal in Abuja has upheld 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 the regulations.

In a unanimous judgment delivered on Thursday, the three-member appellate panel set aside the May 20 decision of the Federal High Court in Abuja, describing it as erroneous and a miscarriage of justice.

The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the Youth Party (YP), which challenged the election guidelines, lacked the legal standing (locus standi) to institute the suit against INEC.

According to the appellate court, the Youth Party failed to demonstrate how the guidelines adversely affected its operations, members, or the conduct of its primary elections ahead of the 2027 general elections. The court also ruled that the party did not establish how the guidelines interfered with the submission of its nominated candidates to the electoral commission.

The justices unanimously agreed that Justice Mohammed Garba Umar of the Federal High Court erred in law when he invalidated the guidelines on the grounds that they were inconsistent with provisions of the Electoral Act, 2026.

The Court of Appeal consequently nullified the Federal High Court's judgment and affirmed the validity of INEC's election guidelines for the 2027 polls.

INEC had approached the appellate court after the Federal High Court ruled against parts of its election guidelines. Through its lead counsel, Senior Advocate of Nigeria (SAN) Alex Izinyon, the commission argued that the lower court failed to first determine whether the suit was competent before deciding its merits.

The electoral body maintained that the case filed by the Youth Party was hypothetical and academic, insisting that the plaintiff had not suffered any injury that would justify the legal action. INEC also argued that it was denied a fair hearing during the proceedings at the lower court.

During the appeal, INEC urged the appellate court to overturn the judgment that invalidated aspects of its 2027 election guidelines, insisting that the commission acted within the powers granted to it under the Electoral Act.

The Federal High Court had earlier ruled that while Section 29(1) of the Electoral Act requires political parties to submit the names of candidates who emerge from valid primaries at least 120 days before a general election, the Act does not empower INEC to impose additional timelines for the conduct of party primaries beyond the statutory requirements.

However, the Court of Appeal disagreed with the lower court's conclusions, holding that the suit ought not to have been entertained because the plaintiff lacked the legal capacity to challenge the guidelines in the first place.

The judgment effectively restores INEC's Guidelines for the conduct of the 2027 general elections, clearing the way for the electoral commission to implement them without legal restrictions.