Appeal Court upholds INEC’s 2027 election guidelines, voids lower court ruling

The Court of Appeal on Thursday restored the Independent National Electoral Commission’s (INEC) 2027 election guidelines, setting aside a Federal High Court judgment that had nullified parts of the framework and restrained the electoral body from implementing them.

The unanimous judgment reinforces INEC’s constitutional powers to regulate the conduct of elections and removes a legal hurdle that had cast uncertainty over preparations for the 2027 general election.

A three-member panel of the appellate court held that the lower court erred in invalidating INEC’s administrative discretion and ruled that the Youth Party (YP), which instituted the suit, lacked the legal standing to challenge the guidelines.

Delivering the lead judgment prepared by Justice Adebukola Banjoko, Justice Okon Abang said the Electoral Act and the Constitution empower INEC to issue guidelines for the conduct of elections, adding that the courts should not interfere where the commission acts within the scope of its statutory authority.

“The law gives INEC powers to conduct elections in the country,” Abang held.

The court ruled that the Youth Party failed to establish that the guidelines had infringed on its rights or prevented it from conducting its primary election ahead of the 2027 polls.

According to the court, a party can only seek judicial intervention where there is a real or imminent threat to its participation in the electoral process.

“Where INEC acts within its powers, the courts cannot get involved. The declaratory reliefs granted by the trial court were wrongly made and are hereby set aside,” the appellate court ruled.

Justice Banjoko further held that the party did not demonstrate how INEC’s directives affected its members or nomination process, making the action speculative rather than one founded on an existing legal injury.

The Appellate court unanimously agreed that the trial judge erred in nullifying parts of the guidelines on the grounds that they were inconsistent with provisions of the Electoral Act, 2026, describing the decision as one that occasioned a miscarriage of justice.

The ruling followed an appeal by INEC against the May 20 judgment of the Federal High Court, which held that the commission could not lawfully shorten the timeline prescribed under Section 29(1) of the Electoral Act, 2026, for political parties to submit membership registers and candidates’ particulars.

The suit was filed by the Youth Party after INEC directed political parties to submit their membership registers and databases by May 10 as part of the requirements for participation in the 2027 general election.

Dissatisfied with the judgment, INEC, through its lead counsel, Alex Izinyon (SAN), argued that the trial court failed to determine its preliminary objection that the suit was hypothetical, academic and therefore incompetent.

The commission also contended that the proceedings denied it a fair hearing and that the judgment was against the weight of the evidence presented before the court.

INEC urged the appellate court to set aside the judgment and strike out the suit, maintaining that the Youth Party lacked the locus standi to institute the action.

In allowing the appeal, the Court of Appeal agreed with the commission’s arguments, holding that the suit was not maintainable and affirming INEC’s authority to issue administrative guidelines for the conduct of elections within the limits of the law.

The judgment is expected to provide greater legal certainty for the electoral commission as it continues preparations for the 2027 general election, while reaffirming the scope of its regulatory powers under Nigeria’s electoral framework.