The Court of Appeal in Abuja has overturned a Federal High Court judgment that nullified parts of the Independent National Electoral Commission’s (INEC) guidelines for the conduct of the 2027 general elections, affirming the electoral body’s powers to regulate the election timetable.
In a unanimous judgment delivered by a three-member panel, the appellate court held that the lower court erred in invalidating INEC’s Revised Timetable and Schedule of Activities, ruling that the guidelines neither violated the 1999 Constitution nor the Electoral Act.
The lead judgment, delivered by Justice Adebukola Banjoko and read by Justice Okon Abang, stated that INEC acted within the powers conferred on it by law in issuing the timetable for political parties.
“The law gives INEC powers to conduct elections in the country,” the court held.
The appellate court further ruled that the trial court wrongly interfered with INEC’s administrative discretion, stressing that courts should not invalidate decisions lawfully taken by the electoral commission.
“Where INEC acts within its powers, the courts cannot get involved,” Justice Abang said.
The court consequently set aside all the declaratory reliefs granted by the Federal High Court.
“The declarative reliefs granted by the trial court were wrongly granted and they are hereby set aside,” the court ruled.
The case stemmed from a judgment delivered on May 20 by Justice Mohammed Umar of the Federal High Court, who voided portions of INEC’s election timetable after agreeing with the Youth Party that the commission lacked the power to prescribe deadlines for political parties to submit membership registers, conduct primaries and upload the names of candidates.
The Youth Party had argued that Sections 29, 82 and 84(1) of the Electoral Act did not empower INEC to determine when political parties should conduct their primaries ahead of the 2027 elections.
Dissatisfied with the ruling, INEC appealed, arguing that the suit was speculative, academic and that the Youth Party lacked the legal standing to institute the action.
The Court of Appeal agreed with the electoral commission, holding that the Youth Party failed to establish how the guidelines affected its rights or prevented it from conducting its primary election.
According to the appellate court, the party also failed to demonstrate how INEC’s timetable hindered the submission of its candidates for the 2027 elections.
“There was no evidence or threat that the respondent was prevented from conducting its primaries,” the court observed.
The appellate court further held that the Youth Party lacked the requisite locus standi to challenge the guidelines, noting that the suit ought not to have succeeded.
The judgment represents a significant legal victory for INEC, effectively restoring its Revised Timetable and Schedule of Activities for the 2027 general elections and reaffirming its authority to regulate the electoral process within the limits of the law.
