2027 : A/Court Sets Aside Judgement Nullifying INEC’s Election Guidelines

The Court of Appeal, Abuja, has set aside the judgment of the Federal High Court, Abuja, which nullified part of the election guidelines put in place by the Independent National Electoral Commission (INEC) for the conduct of the 2027 general election.

Justice Okon Abang, who read the judgment faulted the trial court for invalidating the administrative discretion of INEC, saying; “The law gives INEC powers to conduct elections in the country.”

He said further that “There was no deposition or threat that the respondent was prevented from conducting its primaries. The respondent can only invoke the powers of the court where there are heavy threats to its participation in the election.”

“Where INEC acts within its power, the courts cannot get involved. The declarative reliefs of the trial court were wrongly granted.The declarative reliefs granted by the trial court were wrongly granted and they are here by set aside.”

Justice Muhammed Umar of the Federal High Court, Abuja, had nullified guidelines issued by the INEC, directing political parties to submit their membership registers and databases by May 10 as a condition for participation in the 2027 general election.

A political party, the Youth Party, had filed a suit challenging the legality of the electoral body’s directive.

The court said in its judgment that INEC could not lawfully shorten the timeline already provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.

However, in an appeal dated May 25, 2026, filed by INEC, through its counsel, Alex Izinyon, the electoral body prayed the court to set aside the judgment arguing that the High Court erred in law when it failed to pronounce on the jurisdictional issue of the suit being hypothetic and academic, and a denial of fair hearing to the appellant.

In the appeal, 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 (INEC) 21 days before the holding of its primaries, congresses, 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.”

He said the judgment of the trial court is against the weight of evidence placed before it and therefore prayed the court for an order allowing the appeal and setting aside the Judgement delivered by the trial Federal High Court, sitting in Abuja.

He also prayed for an order of the court, striking out the suit as the respondent lacks the locus standi to institute and maintain the same, describing the suit as being academic.

Garry Ochigbo, Edited By Grace Namiji