The Court of Appeal in Abuja has set aside the judgment of the Federal High Court which nullified portions of the Independent National Electoral Commission’s (INEC) guidelines for the 2027 general elections.
In a unanimous decision delivered on Thursday, the appellate court held that the Youth Party, which filed the suit, lacked the locus standi to challenge the electoral guidelines.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, stated that the party failed to show how the guidelines adversely affected it or its members, particularly in relation to the conduct of its primaries or submission of candidates’ names for the 2027 polls.
Justice Banjoko further held that the party did not establish any injury arising from the guidelines to justify instituting the case.
The three-member panel also faulted the earlier ruling by Justice Mohammed Garba Umar of the Federal High Court, describing it as erroneous and one that resulted in a miscarriage of justice.
In the May 20 judgment, Justice Umar had nullified parts of INEC’s guidelines, ruling that the commission lacked the constitutional and statutory authority to compel political parties to conduct primaries within timelines it prescribed.
The trial court also struck down provisions requiring parties to submit membership registers and candidates’ particulars ahead of timelines set out in the Electoral Act, holding that INEC could not lawfully shorten statutory deadlines.
Dissatisfied with the ruling, INEC approached the appellate court, arguing through its counsel, Dr Alex Izinyom, that the lower court failed to consider its preliminary objection that the suit was hypothetical and academic, thereby denying the commission fair hearing.
The Court of Appeal upheld INEC’s appeal and vacated the judgment of the Federal High Court, effectively restoring the validity of the commission’s guidelines for the 2027 elections.
Details later…