The Court of Appeal in Abuja has overturned a Federal High Court judgment that nullified the Independent National Electoral Commission (INEC)’s guidelines for the conduct of the 2027 general elections, affirming that the electoral body acted within its powers.
In a unanimous judgment, the three-member panel set aside the May 20 decision of the Federal High Court, which had invalidated parts of the guidelines and restrained INEC from implementing them.
Delivering the lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, the appellate court held that the Youth Party (YP), which instituted the suit, lacked the legal standing (locus standi) to challenge the guidelines.
The court ruled that the party failed to demonstrate how the guidelines adversely affected it or its members in the conduct of its primary elections or the nomination of candidates for the 2027 general elections.
It also found that the YP did not establish how the guidelines impacted the submission of its nominated candidates to INEC.
The justices unanimously held that the trial judge, Justice Mohammed Umar of the Federal High Court, erred in nullifying the guidelines, describing the decision as one that occasioned a miscarriage of justice.
INEC had appealed the judgment, arguing that the lower court failed to determine its objection that the suit was hypothetical and academic, thereby denying the commission a fair hearing.
Represented by its lead counsel, Dr Alex Izinyon (SAN), the commission urged the Court of Appeal to overturn the Federal High Court’s decision, which had invalidated aspects of the election guidelines issued for the 2027 polls.
The Federal High Court had earlier struck down INEC’s timeline for the conduct of party primaries and the nomination of candidates.
The lower court also nullified the commission’s May 10 deadline requiring political parties to submit their membership registers and databases as a condition for participation in the general election.
Justice Umar had held that the timelines issued by INEC for party primaries, as well as the submission, withdrawal and replacement of candidates, were inconsistent with the provisions of the Electoral Act, 2026.
Dissatisfied with the ruling, INEC filed a notice of appeal dated May 25, 2026, raising nine grounds of appeal and asking the appellate court to set aside the judgment and stay its execution.
The Court of Appeal has now allowed the appeal, restoring the validity of the electoral guidelines for the 2027 general elections.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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