Court of Appeal Validates INEC’s 2027 Election Guidelines, Overturns Federal High Court Decision

The Court of Appeal in Abuja has validated the Guidelines issued by the Independent National Electoral Commission (INEC) for the conduct of the 2027 general elections.

In a unanimous judgment delivered on Thursday, the appellate court voided and set aside the May 20 judgment of the Federal High Court in Abuja, which had nullified the Guidelines and barred their implementation.

In the lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, the Court of Appeal held that the Youth Party (YP), which instituted the case against INEC, lacked the legal standing (locus standi) to do so.

Justice Banjoko stated that the party did not explain how the Guidelines affected it and its members in the conduct of its primary elections for the nomination of candidates for the 2027 polls.

The Court also held that the YP failed to establish how the Guidelines affected the submission of its nominated candidates to INEC.

The three Justices unanimously agreed that Justice Mohammed Garba Umar of the Federal High Court, who on May 20 nullified the guidelines on the ground that they violated some provisions of the Electoral Act, did so in gross error and occasioned a miscarriage of justice.

INEC, which filed the appeal against the High Court decision, had argued that the lower court erred in law when it failed to pronounce on the jurisdictional issue of the suit being hypothetical and academic, and a denial of fair hearing to the appellant.

INEC, through its lead counsel, Alex Izinyon SAN, had asked the Court of Appeal to set aside the judgment of the Federal High Court which nullified part of the election guidelines put in place by the agency for the conduct of the 2027 general elections.

The lawyer said the lower court erred in law when it held: “It is clear from the wording of Sections 29(1), 82, and 84 of the Electoral Act, 2026, the following can be understood. Section 29(1) of the Electoral Act, 2026 mandates political parties to submit the names of candidates first in the prescribed forms of the candidates who emerged from its valid primaries, which such political party intends to sponsor at the elections, not later than 120 days before the date of the General election.

“What is required of political parties to do under the Electoral Act, 2026 is to notify the Independent National Electoral Commission (INEC) 21 days before the holding of its primaries, congresses, or conventions, conference, or meeting convened for the election of its executive committees, other governing bodies, or nominating candidates.

“The defendant is not mandated to impose a timeframe for political parties to conduct their primaries, provided that it will be done and submitted not later than the 120 days provided by the Electoral Act, 2026. See Section 82(1) of the Electoral Act, 2026.”

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