The Court of Appeal in Abuja has overturned a Federal High Court judgment that nullified parts of the Independent National Electoral Commission (INEC) guidelines for the conduct of the 2027 general elections.
In a unanimous judgment delivered on Thursday, the three-member panel held that the Youth Party, which filed the suit against the electoral guidelines, lacked the legal standing to challenge them.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, stated that the party failed to show how the guidelines adversely affected its primary election process or the submission of candidates for the 2027 elections.
The appellate court also ruled that the Youth Party did not establish any injury caused by the guidelines that would justify instituting the lawsuit.
The court further held that the Federal High Court erred in its May 20 judgment, which declared parts of the guidelines invalid on the grounds that they conflicted with provisions of the Electoral Act. According to the Appeal Court, the decision resulted in a miscarriage of justice.
In the earlier ruling, Justice Mohammed Garba Umar had held that INEC lacked the constitutional and statutory powers to compel political parties to conduct their primaries within timelines set by the commission. He also invalidated provisions requiring parties to submit membership registers and candidates’ particulars ahead of timelines stipulated in the Electoral Act.
Dissatisfied with the judgment, INEC appealed, arguing through its counsel, Dr. Alex Izinyom, that the trial court failed to consider its preliminary objection that the suit was hypothetical and academic, thereby denying the commission a fair hearing.
Allowing the appeal, the Court of Appeal set aside the Federal High Court’s judgment, effectively restoring the validity of INEC’s electoral guidelines for the 2027 general elections.
