Court of Appeal, Abuja, has overturned the Federal High Court judgment that nullified portions of the Independent National Electoral Commission’s (INEC) electoral guidelines for the 2027 general election, affirming the electoral body’s constitutional authority to regulate the conduct of elections.
In a judgment delivered by a three-member panel led by Justice Adebukola Banjoko, the appellate court held that INEC is legally empowered under the 1999 Constitution and the Electoral Act to issue guidelines and timetables for the conduct of elections and related political activities.
The court consequently set aside the decision of Justice James Omotosho of the Federal High Court, Abuja, which had invalidated parts of the commission’s electoral guidelines following a suit filed by the Social Democratic Party (SDP).
Justice Banjoko held that the lower court was bound by the Court of Appeal’s earlier decision in INEC v. Youth Party of Nigeria, delivered last week, which affirmed the commission’s statutory powers in election administration.
The appeal arose after Justice Omotosho granted some of the reliefs sought by the SDP while ruling in favour of INEC on other issues. Dissatisfied with aspects of the judgment that restricted its authority over election management, INEC approached the appellate court seeking to overturn the decision.
Arguing the appeal, INEC’s lead counsel, Dr Alex Izinyon (SAN), maintained that the Constitution expressly empowers the commission to organise, undertake and supervise elections, including issuing guidelines and election timetables.
He submitted that the Federal High Court failed to properly interpret the constitutional provisions and relevant judicial precedents affirming INEC’s powers.
“The Constitution specifically empowers INEC to organise, supervise and undertake elections and other political activities. The timetable provided is in consonance with the powers donated by the 1999 Constitution and the Electoral Act,” Izinyon argued.
He further contended that both the Supreme Court and the Court of Appeal have consistently recognised INEC’s authority to regulate electoral processes, including pre-election activities.
“The trial court erred in law because it failed to interpret, using Supreme Court authorities and Court of Appeal decisions, the powers already donated by the Constitution to INEC to arrange elections, including pre-election matters,” he said.
With the appellate court’s ruling, INEC retains full authority to issue electoral guidelines and establish timelines for political activities ahead of the 2027 general election, reinforcing its constitutional role as Nigeria’s electoral umpire.
Credit: The Sun