2027: Appeal court upholds INEC election guidelines

The Court of Appeal in Abuja has upheld the Independent National Electoral Commission’s (INEC) guidelines for the conduct of the 2027 general elections, overturning an earlier Federal High Court judgment that nullified them.

In a unanimous decision, the appellate court set aside the May 20 judgment of the Federal High Court in Abuja, which had invalidated the guidelines and restrained INEC from implementing them.

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 suit against INEC, lacked the legal standing (locus standi) to challenge the electoral guidelines.

Justice Banjoko held that the party failed to demonstrate how the guidelines adversely affected it or its members in the conduct of its primary elections or the nomination of candidates for the 2027 general elections.

The court further ruled that the YP did not establish how the guidelines interfered with the submission of its nominated candidates to INEC.

The three-member panel unanimously held that Justice Mohammed Umar of the Federal High Court erred in law by nullifying the guidelines, describing the decision as one that resulted in a miscarriage of justice.

INEC had appealed the judgment, arguing that the lower court failed to determine its preliminary objection that the suit was speculative, hypothetical and academic, thereby denying the commission a fair hearing.

Represented by its lead counsel, Dr Alex Izinyon (SAN), the electoral commission urged the Court of Appeal to overturn the judgment that invalidated parts of its guidelines for the 2027 general elections.

In the judgment delivered on May 20, Justice Umar had struck down INEC’s timetable for the conduct of party primaries and the nomination of candidates ahead of the 2027 polls.

The Federal High Court also nullified INEC’s May 10 deadline requiring political parties to submit their membership registers and databases as a prerequisite for participating in the elections.

Justice Umar held that the timetable for conducting party primaries and for the submission, withdrawal or substitution of candidates was inconsistent with the provisions of the Electoral Act, 2026.

Dissatisfied with the ruling, INEC filed an appeal on May 25, 2026, through Izinyon (SAN), raising nine grounds of appeal and asking the appellate court to set aside the judgment and stay its execution.

With Thursday’s ruling, the Court of Appeal has restored the validity of INEC’s guidelines and timetable for the 2027 general elections.