The Court of Appeal in Abuja has upheld the guidelines issued by the Independent National Electoral Commission (INEC) for the conduct of the 2027 general elections, overturning an earlier judgment of the Federal High Court that nullified the regulations.
In a unanimous decision, the appellate court set aside the May 20 judgment delivered by the Federal High Court in Abuja, which had invalidated portions of the guidelines and restrained INEC from implementing them.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, 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 ruled that the party failed to demonstrate how the guidelines adversely affected its members or the conduct of its primary elections for the nomination of candidates ahead of the 2027 general elections. The court also found that the Youth Party did not establish how the guidelines interfered with the submission of its nominated candidates to INEC.
The three-member panel unanimously agreed that the Federal High Court, presided over by Justice Mohammed Umar, erred in law by nullifying the guidelines on the grounds that they conflicted with provisions of the Electoral Act. According to the Court of Appeal, the lower court’s decision amounted to a miscarriage of justice.
INEC had appealed the Federal High Court’s ruling, arguing that the trial court failed to determine the jurisdictional issue of whether the suit was hypothetical and academic. The electoral commission also contended that it was denied a fair hearing.
Represented by Senior Advocate of Nigeria (SAN), Dr. Alex Izinyon, INEC urged the appellate court to overturn the judgment that invalidated aspects of its election timetable and nomination guidelines for the 2027 polls.
The Federal High Court had earlier struck down INEC’s timetable for political parties to conduct primary elections and submit the names of their candidates. It also nullified the commission’s May 10 deadline requiring political parties to submit their membership registers and databases as a prerequisite for participating in the 2027 general elections.
Justice Mohammed Umar had held that the timelines issued by INEC for conducting party primaries, as well as for the submission, withdrawal, and replacement of candidates, were inconsistent with the provisions of the Electoral Act.
Dissatisfied with the ruling, INEC filed an appeal on May 25, 2026, raising nine grounds of appeal and asking the Court of Appeal to set aside the judgment and grant a stay of execution pending the determination of the appeal.
With the appellate court’s decision, the Federal High Court’s judgment has been nullified, leaving INEC’s election guidelines in force unless further challenged before the Supreme Court.