The Court of Appeal in Abuja has overturned the judgment of the Federal High Court that nullified parts of the Independent National Electoral Commission’s (INEC) electoral guidelines for the conduct of the 2027 general elections.
In a unanimous judgment delivered on Thursday, the appellate court held that the Youth Party, which instituted the suit challenging the guidelines, lacked the legal standing (locus standi) to bring the case.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the party failed to show how the guidelines adversely affected it or its members in the conduct of its primary election or the submission of candidates for the 2027 polls.
According to the court, the Youth Party did not establish that it suffered any injury arising from the implementation of the guidelines to justify the suit.
The three-member panel further ruled that Justice Mohammed Garba Umar of the Federal High Court erred in his May 20 judgment, which declared parts of the guidelines invalid on the grounds that they conflicted with provisions of the Electoral Act.
The appellate court held that the decision amounted to a miscarriage of justice.
In the earlier ruling, Justice Umar had held that INEC lacked the constitutional and statutory powers to compel political parties to conduct their primaries within timelines fixed by the commission.
The trial court also invalidated aspects of INEC’s timetable requiring political parties to submit their membership registers and candidates’ particulars before the timelines stipulated in the Electoral Act, ruling that the commission could not lawfully shorten statutory deadlines.
Dissatisfied with the judgment, INEC appealed through its counsel, Dr Alex Izinyom, arguing that the Federal High Court failed to determine its preliminary objection that the suit was hypothetical and academic, thereby denying the commission a fair hearing.
The Court of Appeal upheld the appeal and set aside the Federal High Court’s judgment, effectively restoring the validity of INEC’s electoral guidelines for the 2027 general elections.
