By Dennis Okechukwu
The Court of Appeal in Abuja has overturned a Federal High Court judgment that nullified portions of the Independent National Electoral Commission (INEC)’s electoral guidelines for the 2027 general elections.
In a unanimous judgment delivered on Thursday, the appellate court held that the Youth Party, which challenged the guidelines, lacked the legal standing (locus standi) to institute the suit.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, ruled that the party failed to demonstrate how the electoral guidelines adversely affected either its members or its participation in the conduct of party primaries and the submission of candidates for the 2027 elections.
According to the court, the Youth Party did not establish any injury arising from the guidelines that would justify its legal challenge.
The three-member panel also faulted the May 20 judgment of Justice Mohammed Garba Umar of the Federal High Court, describing it as erroneous and one that resulted in a miscarriage of justice.
Justice Umar had ruled that INEC lacked the constitutional and statutory powers to compel political parties to conduct their primaries within timelines fixed by the commission. He also struck down provisions of the electoral timetable requiring parties to submit membership registers and candidates’ particulars ahead of the timelines stipulated in the Electoral Act.
Dissatisfied with the ruling, INEC appealed, arguing through its counsel, Dr. Alex Izinyom, that the trial 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, set aside the Federal High Court’s judgment, and restored the validity of the commission’s electoral guidelines for the 2027 general elections.