The Court of Appeal in Abuja on Thursday, set aside the judgment of the Federal High Court in suit No. FHC/ABJ/CS/517/2026, which nullified parts of the Independent National Electoral Commission’s electoral guidelines for the conduct of the 2027 general elections.
The appellate court, in a unanimous judgment, held that the Youth Party, which instituted the suit challenging the guidelines, lacked the locus standi to do so.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the party failed to demonstrate how the guidelines affected it or its members in the conduct of its primary election or the submission of names of its candidates for the 2027 polls.
Justice Banjoko held that the Youth Party did not establish any injury arising from the guidelines to justify the institution of the suit.
The three-member panel further held that Justice Mohammed Garba Umar of the Federal High Court erred when, on May 20, he nullified the guidelines on the grounds that they were inconsistent with some provisions of the Electoral Act, adding that the decision occasioned a miscarriage of justice.
In the May 20 judgment, 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.
The trial court also nullified aspects of INEC’s timetable requiring parties to submit their membership registers and candidates’ particulars ahead of the timelines prescribed by the Electoral Act, holding that the commission could not lawfully abridge statutory timelines.
Dissatisfied with the decision, INEC appealed, arguing through its counsel, Dr Alex Izinyom, that the Federal High Court failed to determine its preliminary objection that the suit was hypothetical and academic, thereby denying the commission fair hearing.
The Court of Appeal upheld the appeal, and vacated the Federal High Court’s judgment, thereby restoring the validity of INEC’s electoral guidelines for the 2027 elections.
Details later…
