The Court of Appeal in Abuja on Thursday nullified a Federal High Court judgment that struck down parts of the Independent National Electoral Commission’s (INEC) guidelines for the 2027 general elections, restoring the commission’s authority to implement the disputed provisions.
Delivering a unanimous verdict, the appellate court held that the Youth Party, which challenged the guidelines at the lower court, lacked the legal capacity to institute the suit because it failed to show that it suffered any injury from the regulations.
The judgment, authored by Justice Adebukola Banjoko and read by Justice Okon Abang, found that the party did not establish how the guidelines adversely affected its conduct of party primaries or submission of candidates for the forthcoming elections.
The court ruled that without proof of a direct grievance, the party had no basis to seek judicial intervention.
The appellate panel also faulted the decision of Justice Mohammed Garba Umar of the Federal High Court, who on May 20 invalidated portions of INEC’s timetable and guidelines on the grounds that they were inconsistent with provisions of the Electoral Act.
According to the Appeal Court, the lower court’s decision was wrongly reached and resulted in a miscarriage of justice.
Justice Umar had held that INEC lacked the power to compel political parties to conduct primaries within timelines fixed by the commission. He also invalidated requirements directing parties to submit membership registers and candidates’ particulars before deadlines stipulated in the Electoral Act.
The trial court maintained that the commission could not lawfully alter or shorten timelines already prescribed by legislation.
Unhappy with the ruling, INEC approached the Court of Appeal, arguing that the Federal High Court failed to determine its preliminary objection before proceeding to the substantive case.
The electoral body, through its lawyer, Dr Alex Izinyon (SAN), contended that the suit was speculative and academic and that the trial court’s failure to address the objection amounted to a denial of fair hearing.
After reviewing the appeal, the appellate court agreed with INEC and set aside the entire judgment of the Federal High Court.
The decision effectively restores all aspects of the electoral guidelines and timetable affected by the earlier ruling, allowing INEC to proceed with preparations for the 2027 general elections under its existing framework.
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