2027: Appeal Court affirms INEC’s power to issue guidelines for election

The Court of Appeal, Abuja Division, has upturned the decision of Justice James Omotosho of the Federal High Court, Abuja, which set aside parts of the electoral guidelines issued by the Independent National Electoral Commission, INEC, for the conduct of the 2027 general election.

The court set aside the Abuja Federal High Court judgement and allowed the appeal by INEC on the ground that the electoral umpire is empowered under the law to issue guidelines for the conduct of elections in the country.

Justice Adebukola Banjoko, who led the appellate court panel that heard and delivered judgement in the matter, held that the Federal High Court is bound by its decision in the case between INEC Vs Youth Party of Nigeria, delivered last week.

Justice James Omotosho has in his ruling in the suit filed by the Social Democratic Party, SDP, granted some reliefs in favour of the party and some others in favour of the electoral umpire.

Not satisfied by the two judgements, INEC approached the Court of Appeal to set aside the judgments of Justice Umar and parts of the judgement of Justice Omotosho, which limited the commission’s power regarding the conduct of elections.

During the hearing of the appeals, Dr Alex Izinyon, SAN, who led the INEC legal team, contended that the commission has the power as provided by the 1999 Constitution and the Electoral Act to issue guidelines for the elections.

Izinyon said, “The Constitution, specifically, empowered INEC to organise, supervise and undertake elections and other political activities as provided and that the timetable provided is in consonance with the power donated by the 1999 Constitution and the enabling act for INEC to do what it did in issuing elections timetables.

“The trial court erred in law because it failed to interpret, using the Supreme Court authorities and Court of Appeal decisions on the power already donated by the 1999 Constitution to INEC to arrange for elections including pre-election matters.

“The Supreme Court and Court of Appeal have held that INEC has the power to organise and supervise elections and this includes timetable for elections to carry out political activities preceding the elections.”