The Court of Appeal in Abuja has validated the Independent National Electoral Commission’s (INEC) rules for conducting the 2027 general election.
In a majority decision, the appellate court overturned and set aside the May 20 judgment of the Federal High Court in Abuja, which had annulled the guidelines and blocked their implementation.
The lead judgment, written by Justice Adebukola Banjoko and delivered by Justice Okon Abang, ruled that the party failed to demonstrate how the guidelines affected it or its members in conducting its primary election or submitting candidates’ names for the 2027 general elections.
The three-member panel also ruled that Justice Mohammed Garba Umar of the Federal High Court erred in his May 20 decision when he annulled the guidelines for being inconsistent with parts of the Electoral Act, a move the appellate court stated resulted in a miscarriage of justice.
In that initial May 20 ruling, Justice Umar had held that INEC lacked the constitutional and statutory power to compel political parties to conduct their primaries strictly within the commission’s designated timelines.
The trial court also overturned sections of INEC’s timetable that required political parties to submit their membership registers and candidate information ahead of the deadlines set by the Electoral Act, ruling that the commission could not constitutionally shorten statutory timelines.
INEC appealed, arguing through its counsel, Dr. Alex Iziyon, that the Federal High Court failed to rule on its preliminary objection that the suit was merely hypothetical and academic, thereby denying the commission a fair hearing.
The Court of Appeal upheld the appeal and reversed the Federal High Court’s decision, fully restoring the legitimacy of INEC’s electoral guidelines for the 2027 general election.
Backstory…
The legal dispute centres on the Independent National Electoral Commission’s (INEC) regulations governing the conduct of elections and political party activities ahead of the 2027 general election.
The controversy began after a Federal High Court nullified portions of the commission’s guidelines following a suit filed by aggrieved parties who argued that some provisions were inconsistent with the Electoral Act and the 1999 Constitution.
The judgment generated uncertainty among political parties and election stakeholders, with concerns that it could disrupt preparations for upcoming off-cycle elections and the broader 2027 electoral timetable.
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