Human rights lawyer, Femi Falana (SAN), has called on the National Judicial Council (NJC) and the Nigerian Bar Association (NBA) to investigate conflicting Federal High Court judgments over the powers of the Independent National Electoral Commission (INEC) regarding preparations for the 2027 general elections.
Falana raised the concern in a statement issued on Wednesday titled “Nigerian Judges and Lawyers Should Be Prevented From Sabotaging the 2027 Election.”
He said recent decisions of courts of coordinate jurisdiction had created confusion over INEC’s authority to set timelines for party primaries and other pre-election activities.
Falana recalled that Justice Mohammed Umar of the Federal High Court had nullified INEC’s timetable for party primaries and nomination of candidates ahead of the 2027 polls.
The court also voided INEC’s May 10 deadline requiring political parties to submit their membership registers and databases for election preparations.
Justice Umar held that the electoral timetable issued by INEC conflicted with provisions of the Electoral Act, 2026, according to the suit filed by the Youth Party against the commission.
Falana noted that INEC has since appealed the judgment and filed a motion for stay of execution pending the outcome of the appeal at the Court of Appeal.
He further referenced another ruling by Justice J.K. Omotosho of the Federal High Court in a separate case instituted by the Social Democratic Party.
Justice Omotosho held that INEC has constitutional authority to determine timelines for party primaries and other electoral processes ahead of elections.
The court described the election timetable as a chain of events that includes submission of party membership registers and deadlines for conducting primaries.
Falana argued that the two rulings have created legal uncertainty and inconsistency within the electoral system.
He said while one judgment restricted INEC from imposing deadlines that conflict with statutory provisions, the other affirmed the commission’s powers to issue comprehensive election timetables.
The senior lawyer also faulted the decision of Justice Omotosho to proceed with the matter despite the pending appeal in the earlier case.
He insisted that the court ought to have allowed the Court of Appeal to first determine the validity of the earlier judgment.
Falana urged the NJC and NBA to urgently investigate the circumstances surrounding the conflicting judgments.
He warned that failure to address the situation could undermine public confidence in the judiciary and threaten the credibility of the 2027 elections.
Falana further compared the situation to past electoral disputes, warning that judicial inconsistency could be exploited to destabilise the electoral process.
“The judgments of both courts of coordinate jurisdiction have caused unnecessary confusion in the polity,” Falana said.
“While Justice Muhammed Umar of the Federal High Court has limited INEC’s powers by barring it from imposing deadlines that conflict with statutory provisions, Justice A.K. Omotosho of the same court has affirmed INEC’s authority to issue timetable that includes timelines for party primaries.”
He added that the conflicting rulings had effectively empowered INEC “to choose and pick which of the judgments to comply with.”
Falana also criticised the decision of Justice Omotosho to proceed with the matter despite the pending appeal arising from the earlier judgment.
“Justice Omotosho ought to have allowed the Court of Appeal to determine the validity of the judgment of Justice Muhammed Umar instead of issuing conflicting orders,” he said.
“The National Judicial Council and the Nigerian Bar Association should speedily investigate the circumstances surrounding the issuance of conflicting orders,” he said.
Falana warned that failure to address the issue could threaten the credibility of the 2027 elections.
“Unless the judges and lawyers involved in the legal charade are called to order, the 2027 election may be sabotaged by judges and lawyers as was the case in 1993 when the Ibrahim Babangida military junta anchored the annulment of the results of the June 12 presidential election on conflicting orders of Nigerian courts,” he stated.
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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