The Court of Appeal in Abuja has set aside the judgment of the Federal High Court that nullified parts of the Independent National Electoral Commission’s guidelines for the conduct of the 2027 general elections.
Delivering a unanimous judgment on Thursday, the three-member appellate panel held that the Youth Party, which instituted the suit against the guidelines, lacked the legal standing (locus standi) to challenge them.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the party failed to show how the electoral guidelines adversely affected it or its members in the conduct of its primaries or the submission of candidates for the 2027 elections.
According to the court, the party did not establish any injury arising from the guidelines to justify filing the suit.
The appellate court also ruled that Justice Mohammed Garba Umar of the Federal High Court erred when he nullified parts of the guidelines on May 20, holding that the decision resulted in a miscarriage of justice.
In the earlier judgment, the Federal High Court had ruled 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 membership registers and candidates’ particulars before the timelines stipulated in the Electoral Act.
Dissatisfied with the ruling, INEC appealed the decision, arguing through its counsel, Dr. Alex Izinyom, 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 INEC’s appeal, vacated the Federal High Court judgment and restored the validity of the commission’s electoral guidelines for the 2027 general elections.
More details shortly .
