The Court of Appeal in Abuja has overturned a Federal High Court judgment that nullified key provisions of the Independent National Electoral Commission’s (INEC) guidelines for the 2027 general elections, restoring the electoral body’s timetable and directives governing party primaries and candidate submissions.
In a unanimous judgment delivered on Thursday, a three-member panel held that the Youth Party, which challenged the guidelines before the Federal High Court, lacked the legal standing to institute the suit because it failed to demonstrate how the disputed provisions adversely affected its rights or political activities.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the party did not establish any injury arising from the implementation of the guidelines or show that its members were prejudiced during the conduct of party primaries or the submission of candidates for the 2027 elections.
The court ruled that the plaintiff failed to establish sufficient legal interest to justify the action.
The appellate court also held that the Federal High Court erred when it invalidated portions of the guidelines despite the unresolved preliminary objection challenging the competence of the suit.
Justice Mohammed Garba Umar had ruled on May 20 that INEC lacked the constitutional and statutory authority to compel political parties to conduct their primaries within timelines fixed by the commission where such timelines conflicted with the Electoral Act.
The trial court also nullified aspects of INEC’s timetable requiring parties to submit membership registers and candidates’ particulars ahead of statutory deadlines.
INEC appealed the judgment, arguing through its counsel, Dr. Alex Izinyom, SAN, that the Federal High Court failed to first determine its preliminary objection, thereby denying the commission fair hearing.
The Court of Appeal agreed with the commission and described the lower court’s decision as one that occasioned a miscarriage of justice.
It subsequently vacated the Federal High Court’s judgment, restoring the validity of INEC’s electoral guidelines for the 2027 general elections.
The ruling is expected to provide certainty for political parties and election administrators as preparations for the 2027 polls gather momentum.
