The Court of Appeal, Abuja Division, has overturned a judgment delivered by Justice James Omotosho of the Federal High Court, Abuja, which nullified portions of the Independent National Electoral Commission (INEC) guidelines for the conduct of the 2027 general election.
In its ruling, the appellate court allowed INEC’s appeal, holding that the electoral body is legally empowered to issue guidelines governing the conduct of elections in Nigeria.
Delivering the lead judgment, Justice Adebukola Banjoko held that the Federal High Court was bound by the Court of Appeal’s earlier decision in INEC v. Youth Party of Nigeria, which was delivered last week.
Justice Omotosho had, in a suit filed by the Social Democratic Party (SDP), granted some of the reliefs sought by the party while also upholding certain positions advanced by INEC.
Dissatisfied with aspects of the rulings, INEC approached the Court of Appeal, seeking to overturn the decisions of Justice Omotosho and Justice Umar, particularly the portions that restricted the commission’s powers in relation to the conduct of elections.
At the hearing of the appeals, Dr. Alex Izinyon, SAN, who led INEC’s legal team, argued that both the 1999 Constitution and the Electoral Act expressly empower the commission to formulate and issue guidelines for the conduct of elections across the country.
Izinyon said, “The Constitution, specifically, empowered INEC to organise, supervise and undertake elections and other political activities as provided and that the timetable provided is in consonance with the power donated by the 1999 Constitution and the enabling act for INEC to do what it did in issuing elections timetables.
“The trial court erred in law because it failed to interpret, using the Supreme Court authorities and Court of Appeal decisions on the power already donated by the 1999 Constitution to INEC to arrange for elections including pre-election matters.
“The Supreme Court and Court of Appeal have held that INEC has the power to organise and supervise elections and this includes timetable for elections to carry out political activities preceding the elections.”
BACKSTORY:
The Independent National Electoral Commission (INEC) is the constitutional body responsible for organising and supervising elections in Nigeria. Under the 1999 Constitution (as amended) and the Electoral Act 2022, the commission is empowered to register political parties, conduct elections, regulate electoral processes, and issue guidelines to ensure the orderly conduct of polls.
Ahead of every general election, INEC publishes detailed electoral guidelines covering issues such as voter accreditation, nomination of candidates, campaign timelines, election-day procedures, result management, and the responsibilities of political parties and election officials. These guidelines are intended to complement the Constitution and the Electoral Act by providing operational rules for the conduct of elections.
The legal dispute arose after the Social Democratic Party (SDP) challenged aspects of INEC’s guidelines, arguing that some provisions exceeded the commission’s statutory powers. In separate judgments, the Federal High Court granted some of the reliefs sought by the party while also upholding certain aspects of INEC’s position, prompting the electoral commission to appeal the decisions.
During the appeal, INEC maintained that both the Constitution and the Electoral Act expressly empower it to issue regulations and guidelines necessary for the effective conduct of elections. The commission argued that limiting this authority could undermine its constitutional mandate and its ability to administer credible elections.
The Court of Appeal’s decision reinforces INEC’s role as Nigeria’s electoral umpire and provides judicial clarity on the extent of its regulatory powers ahead of preparations for the 2027 general election. The ruling is expected to guide future electoral disputes involving the commission’s authority to issue operational guidelines while affirming that such powers must continue to be exercised within the framework of the Constitution and existing electoral laws.
