By Attah Ede and Kamsi Anayo
The Court of Appeal sitting in Abuja, on Thursday, validated the Guidelines of the Independent National Electoral Commission (INEC) on the conduct of the 2027 general election.
In the lead judgment prepared by Justice Adebukola Banjoko but read by Justice Okon Abang, the Court of Appeal held that the Youth Party (YP )which instituted the case against INEC lacked legal power ( locus standi) to do what it did.
In a unanimous judgment the appellate court voided and set aside the May 20 judgment of the Federal High Court in Abuja which nullified the Guidelines and barred its implementation
Justice Banjoko said that the party did not advance substantial reason on how the Guidelines affected it and it’s members in the conduct of its primary election for the nomination of candidates for the 2027 poll.
The Court also held that the YP failed to establish how the Guidelines affected the submission of its nominated candidates to INEC.
The three Justices unanimously agreed that Justice Mohammed Garba Umar of the Federal High who on May 20 nullified the guidelines on the ground that it violated some provisions of the Electoral Act did so in gross errors and led to miscarriage of justice.
INEC which filed appeal against the high court decision had argued that the lower court erred in law when it failed to pronounce on the jurisdictional issue of the suit being hypothetic and academic, and a denial of fair hearing to the appellant.
The electoral umpire through its lead Counsel, Alex Izinyom had requested the Court of Appeal to set aside the judgment of the Federal High Court which nullified part of the election guidelines put in place by the agency for the conduct of the 2027 general election.
The lower court had held that INEC exceeded its statutory powers by prescribing timelines for party primaries and other pre-election activities.
However, the Court of Appeal disagreed with the lower court, holding that INEC has both the constitutional and statutory mandate to regulate and coordinate the electoral process, including issuing schedules and timelines necessary for the orderly conduct of elections.
The ruling removes the uncertainty that had surrounded preparations for the 2027 general elections following conflicting court decisions over the validity of the commission’s electoral calendar.
With the appellate court’s verdict, political parties are now expected to comply with the restored timetable as they prepare for party primaries, candidate nominations and other pre-election activities ahead of the next general elections.
The judgment has restored the legal backing for INEC’s 2027 election timetable, allowing the commission to proceed with the implementation of its electoral schedule without the restrictions imposed by the earlier Federal High Court ruling, unless the matter is further appealed to the Supreme Court.
