2027: Court of Appeal upholds INEC’s power to issue election guidelines

The Court of Appeal in Abuja has overturned the judgement of Justice James Omotosho of the Federal High Court, Abuja, which nullified parts of the electoral guidelines issued by the Independent National Electoral Commission (INEC) for the 2027 general elections.

The appellate court set aside the Federal High Court’s decision and upheld INEC’s appeal, ruling that the commission has the legal authority to issue guidelines for the conduct of elections in Nigeria.

Justice Adebukola Banjoko, who led the three-member panel, held that the Federal High Court was bound by the appellate court’s decision in the case of INEC versus Youth Party of Nigeria, which was delivered last week.

Justice Omotosho had earlier ruled on a suit filed by the Social Democratic Party (SDP), granting some reliefs to the party while also upholding certain positions of INEC.

Dissatisfied with the decisions of the Federal High Court, INEC approached the Court of Appeal, seeking to overturn the parts of the judgements that restricted the commission’s powers in relation to election arrangements.

During the hearing, INEC’s lead counsel, Dr Alex Izinyon, SAN, argued that the commission’s authority to issue election guidelines was derived from the 1999 Constitution and the Electoral Act.

Izinyon said the Constitution empowered INEC to organise, supervise and conduct elections, including setting timetables for electoral activities before election day.

He argued that the Federal High Court erred by failing to consider previous decisions of the Supreme Court and Court of Appeal affirming INEC’s powers to manage electoral processes.

According to him, the authority to organise and supervise elections includes the power to prepare election schedules and regulate activities leading up to the polls.