2027: ‘Guidelines can’t override constitution’ – IPAC reacts to court decision against INEC

The Inter-Party Advisory Council, IPAC, has reminded the Independent National Electoral Commission, INEC, that its guidelines cannot override Nigerian Constitution.

IPAC said this while hailing the Federal High Court judgment that nullified INEC’s deadline for political parties to submit their membership registers, saying it was victory for democracy and rule of law

In a statement signed by Comrade Egbeola Wale Martins, its National Publicity Secretary, IPAC said the ruling will prevent exclusionary conditions capable of disenfranchising aspirants and party members.

DAILY POST reported on Thursday that the Federal High Court sitting in Abuja delivered a landmark judgement, affirming that while INEC possesses supervisory powers over elections, it cannot prescribe binding timelines regulating how and when political parties conduct their internal primaries.

IPAC said that this judgment was a clear reaffirmation of constitutional supremacy and the rule of law, adding that it was an aberration for INEC to attempt to rewrite the Constitution of the Federal Republic of Nigeria through administrative guidelines. INEC guidelines can never be superior to the Constitution or the provisions of extant laws governing the electoral process.

The statement said that “While no one is questioning the powers of INEC to issue guidelines for the conduct of elections, such guidelines must operate strictly within the confines of the law.

“This judgment therefore represents a major victory for democracy, the rule of law, political parties and indeed all citizens of Nigeria. It restores the constitutional rights of political parties to manage their internal affairs in line with democratic principles and without unlawful administrative interference.

“Importantly, this judgment will enable political parties to provide all eligible members with equal opportunity to participate in party primaries while discouraging exclusionary conditions capable of disenfranchising aspirants and party members.”

The Council called on the Chairman of INEC, Prof Joash Amupitan to deepen engagement and consultation with political parties, who remain the most important stakeholders in the electoral process.

It said, “Greater collaboration and dialogue would have helped prevent this avoidable error and the unnecessary legal disputes arising from it.”

IPAC noted that this development further validates its consistent position that INEC’s attempt to compress and undertake too many electoral activities within a limited timeframe before elections could create confusion, administrative bottlenecks and exclusion within the electoral process.