2027: A’ Court Upturns Judgment Against INEC’s Timetable, Guidelines

Nigeria's Court of Appeal in Abuja has reversed a Federal High Court decision that had invalidated key aspects of the Independent National Electoral Commission's (INEC) guidelines for the 2027 general election. A three-judge panel unanimously ruled that the trial court erred in nullifying the guidelines, asserting they do not contravene the 1991 Constitution or the Electoral Act.

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The law gives INEC powers to conduct elections in the country.

The initial judgment, delivered by Justice Mohammed Umar on May 20, had voided INEC's Revised Timetable and Schedule of Activities. The Federal High Court cited concerns that the timeframes imposed by INEC for political parties to submit membership registers, conduct primaries, and finalize candidate names were inconsistent with the Electoral Act of 2026.

INEC appealed the decision, arguing that the trial court wrongly interfered with the electoral umpire's administrative discretion. In the lead judgment, Justice Adebukola Banjoko, read by Justice Okon Abang, emphasized that the law grants INEC the authority to conduct elections. The appellate court noted that the respondent (Youth Party) had not demonstrated any prevention from conducting its primaries, suggesting court intervention is only warranted when significant threats to participation exist.

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There was no deposition or threat that the respondent was prevented from conducting its primaries.

Justice Abang declared that the trial court's declarative reliefs were improperly granted and have been set aside. INEC's appeal also argued that the lower court failed to address the jurisdictional issue of the suit being hypothetical and academic, thereby denying the appellant a fair hearing. The appellate court's decision reaffirms INEC's powers in setting election timelines and procedures.

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The declarative reliefs granted by the trial court were wrongly granted and they are hereby set aside.