Court of Appeal in Abuja has upheld the Independent National Electoral Commission (INEC)’s guidelines for the conduct of the 2027 general elections, overturning an earlier judgment of the Federal High Court that had declared the guidelines invalid.
In a unanimous decision delivered on Thursday, the three-member panel of the appellate court set aside the May 20 judgment of the Federal High Court in Abuja, which had stopped INEC from implementing the guidelines.
The lead judgment was prepared by Justice Adebukola Banjoko and read by Justice Okon Abang.
The Court of Appeal ruled that the Youth Party (YP), which filed the case against INEC, did not have the legal right to challenge the election guidelines because it failed to show how the guidelines negatively affected the party or its members.
According to Justice Banjoko, the Youth Party did not explain how the guidelines would affect the conduct of its primary elections for selecting candidates ahead of the 2027 general elections.
The court also held that the party failed to show how the guidelines would interfere with the submission of its candidates’ names to INEC.
The three justices unanimously agreed that the Federal High Court judge, Justice Mohammed Garba Umar, made a serious error when he nullified the guidelines on May 20 on the grounds that they violated some provisions of the Electoral Act. The appellate court said the decision amounted to a miscarriage of justice.
INEC had appealed the High Court ruling, arguing that the lower court failed to address its objection that the case was merely hypothetical and should not have been entertained. The electoral body also argued that it was denied fair hearing.
Representing INEC, Senior Advocate of Nigeria (SAN) Alex Izinyon urged the Court of Appeal to overturn the judgment that invalidated parts of the commission’s guidelines for the 2027 general elections.
During the appeal, the lawyer challenged the High Court’s interpretation of the Electoral Act, particularly its findings on the timetable for party primaries.
The lower court had stated: “It is clear from the wording of Sections 29(1), 82, and 84 of the Electoral Act, 2026, the following can be understood. Section 29(1) of the Electoral Act, 2026 mandates political parties to submit the names of candidates first in the prescribed forms of the candidates who emerged from its valid primaries, which such political party intends to sponsor at the elections, not later than 120 days before the date of the General election.
“What is required of political parties to do under the Electoral Act is to notify the Independent National Electoral Commission (INEC) 21 days before the holding of its primaries, congresses, or conventions, conference, or meeting convened for the election of its executive committees, other governing bodies, or nominating candidates.
“The defendant is not mandated to impose a timeframe for political parties to conduct their primaries, provided that it will be done and submitted not later than the 120 days provided by the Electoral Act, 2026. See Section 82(1) of the Electoral Act, 2026.”
However, with Thursday’s judgment, the Court of Appeal overturned that decision, clearing the way for INEC to implement its 2027 election guidelines.
