The Court of Appeal in Abuja has overturned a Federal High Court judgment that invalidated part of the Independent National Electoral Commission’s (INEC) election guidelines for the 2027 general elections.
Delivering the lead judgment, Justice Okon Abang held that the lower court improperly interfered with INEC’s statutory powers, stressing that the electoral body has the legal authority to regulate the conduct of elections within the framework of the law.
According to the appellate Court, there was no evidence that the political party which instituted the suit had been prevented or threatened from conducting its primary election.
The court noted that judicial intervention is only warranted where there is a real infringement or imminent threat to a party’s legal rights.
Justice Abang further ruled that the declaratory orders granted by the Federal High Court were made in error and consequently set them aside.
The dispute arose from a judgment delivered by Justice Muhammed Umar of the Federal High Court, Abuja, which nullified INEC’s directive requiring political parties to submit their membership registers and databases by May 10 as part of preparations for the 2027 general elections.
The suit had been filed by the Youth Party, which argued that the directive conflicted with the timelines provided under the Electoral Act 2026.
The trial Court agreed, holding that the Electoral Act only requires political parties to submit the names and particulars of their candidates at least 120 days before the general election, while notice of party primaries must be given to INEC at least 21 days before they are held.
It concluded that INEC lacked the authority to impose an earlier deadline for the submission of membership records.
Dissatisfied with the ruling, INEC appealed through its counsel, Alex Izinyon, SAN, contending that the case was speculative, deprived the Commission of a fair hearing, and ought to have been dismissed for want of jurisdiction.
The Commission also argued that the Federal High Court wrongly interpreted the relevant provisions of the Electoral Act and improperly restricted INEC’s constitutional and statutory powers to issue administrative guidelines for the conduct of elections.
The Court of Appeal agreed with INEC’s position, allowed the appeal, and set aside the judgment of the Federal High Court, thereby restoring the challenged election guidelines.
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Editor: Ken Eseni
