The Court of Appeal sitting in Abuja has set aside the judgment of the Federal High Court which nullified parts of the Independent National Electoral Commission’s timetable and guidelines for the conduct of the 2027 general elections.
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In a unanimous judgment delivered on Thursday, the appellate court allowed INEC’s appeal and vacated the May 20 judgment of the Federal High Court in suit number FHC/ABJ/CS/517/2026, filed by the Youth Party against the electoral body.
The three-member panel held that the Youth Party lacked the locus standi to institute the action challenging INEC’s guidelines.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the political party failed to show how the disputed guidelines affected it or its members in the conduct of its primary election or the submission of names of candidates for the 2027 polls.
Justice Banjoko held that the party did not establish any injury suffered as a result of the guidelines to justify approaching the court.
The Court of Appeal further held that Justice Mohammed Garba Umar of the Federal High Court erred when he nullified parts of INEC’s timetable and guidelines on the ground that they were inconsistent with provisions of the Electoral Act.
According to the appellate court, the Federal High Court’s decision occasioned a miscarriage of justice.
The court also held that INEC’s revised timetable for the 2027 general elections is a form of subsidiary legislation and has the force of law, provided it falls within the scope of the Electoral Act.
It maintained that the disputed deadlines in the revised timetable were within INEC’s statutory powers and within the ambit of the Electoral Act.
TNL recalls that Justice Umar had, on May 20, 2026, nullified key aspects of INEC’s timetable and guidelines for the 2027 general elections after holding that the commission lacked the power to compel political parties to conduct primaries within timelines fixed by it.
The trial court had also nullified aspects of the timetable requiring political parties to submit their membership registers and candidates’ particulars ahead of the timelines prescribed under the Electoral Act.
Justice Umar held that INEC could not lawfully abridge statutory timelines for submission of candidates’ particulars, withdrawal and substitution of candidates, publication of final lists and campaign deadlines.
Dissatisfied with the decision, INEC approached the Court of Appeal through its counsel, Dr. Alex Izinyon, SAN, contending that the trial court wrongly assumed jurisdiction and failed to determine its preliminary objection.
INEC argued that the Youth Party’s suit was hypothetical and academic because the party failed to establish how the timetable affected its rights or interests.
The commission also contended that the Federal High Court denied it fair hearing by failing to pronounce on the jurisdictional objection before proceeding to determine the substantive case.
In its appeal, INEC asked the appellate court to set aside the judgment in its entirety and strike out the Youth Party’s suit for lack of locus standi.
The Court of Appeal agreed with INEC’s submissions and restored the validity of the commission’s timetable and guidelines for the 2027 elections.
TNL had earlier reported that the appellate court reserved judgment in INEC’s appeal after parties adopted their briefs of argument.
The decision is a major relief for INEC, which had warned that conflicting Federal High Court judgments on its 2027 election timetable could disrupt preparations for the polls if not urgently clarified by the Court of Appeal.
The judgment now clears the way for INEC to proceed with its revised timetable and schedule of activities for the 2027 general elections, unless the decision is further challenged before the Supreme Court.
With the Federal High Court judgment vacated, political parties are expected to comply with INEC’s electoral guidelines and deadlines as restored by the Court of Appeal.
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