A’Court sets aside judgement nullifying INEC’s 2027 election guidelines

The Court of Appeal, Abuja Division, on Thursday validated the Independent National Electoral Commission’s, INEC, guidelines for the conduct of the 2027 general elections.

In a unanimous decision, the appellate court set aside the May 20 judgement of the Federal High Court which had nullified parts of the guidelines and barred their implementation.

—Court’s decision—

Delivering the lead judgement prepared by Justice Adebukola Banjoko, Justice Okon Abang held that the trial court erred in invalidating INEC’s administrative discretion.

“The law gives INEC powers to conduct elections in the country,” he said.

The court ruled that the Youth Party, YP, which instituted the suit against INEC, lacked the locus standi to do so.

“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.

Justice Banjoko added that the party failed to show 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 three-member panel unanimously agreed that by nullifying the guidelines on the grounds that they violated provisions of the Electoral Act, *Justice Umar* of the lower court committed a miscarriage of justice.

—INEC’s appeal—

INEC had appealed the High Court decision, arguing that the lower court erred in law.

Through its lead counsel, Mr. Alex Izinyon, SAN, the commission contended that the trial court failed to determine its preliminary objection that the suit was hypothetical and academic, and that the proceedings amounted to a denial of fair hearing.

INEC also argued that the judgement was against the weight of evidence and urged the Court of Appeal to allow the appeal, set aside the judgement, and strike out the suit.

—Background of the case—

The Youth Party had challenged the legality of an INEC guideline directing political parties to submit their membership registers and databases by May 10 as a condition for participating in the 2027 general elections.

In its judgement, the Federal High Court held that INEC could not lawfully shorten the timeline provided under Section 29(1) of the Electoral Act, 2026, for the submission of party membership records and candidates’ particulars.

Displeased, INEC filed a Notice of Appeal dated May 25, asking the appellate court to overturn the decision.

With Thursday’s ruling, INEC’s 2027 election guidelines remain valid and can be implemented.