The Court of Appeal in Abuja has validated the guidelines issued by the Independent National Electoral Commission, INEC, for the conduct of the 2027 general elections.
A three man panel of the Appellate Court in a unanimous judgment on Thursday, voided and set aside the May 20, 2026 judgment of the Federal High Court Abuja which nullified some sections of the guidelines and barred its implementation.
In the lead judgment prepared by Justice Adebukola Banjoko but read by Justice Okon Abang, the Court of Appeal held that the Youth Party ,YP, which instituted the case against INEC lacked legal power ( locus standi) to do what it did.
She faulted the trial court for invalidating the administrative discretion of INEC, saying; “The law gives INEC powers to conduct elections in the country.”
Further, she held that: “There was no deposition or threat that the respondent was prevented from conducting its primaries. The respondent can only ask court to invoke its powers where there are heavy threats to its participation in the election.”
“Where INEC acts within its power, the courts cannot get involved. The declarative reliefs of the trial court were wrongly granted.
“The declarative reliefs granted by the trial court were wrongly granted and they are here by set aside.”
Besides, Justice Banjoko said that the political party did not explain how the Guidelines affected it and it’s members in the conduct of its primary election for the nomination of candidates for the 2027 poll.
The Court also held that the YP failed to establish how the Guidelines affected the submission of its nominated candidates to INEC.
The three Justices unanimously agreed that the judge of the trial court was in error in his judgement of May 20, 2026 when he nullified the guidelines on the ground that it violated some provisions of the Electoral Act.
INEC which filed appeal against the high court decision had argued that the lower court erred in law when it failed to pronounce on the jurisdictional issue raised about the suit being hypothetical and academic, and a denial of fair hearing to the appellant.
The electoral body had through its counsel Dr. Alex Izinyom asked the Court of Appeal to set aside the judgment of the Federal High Court which nullified section of the election guidelines it put in place for the conduct of the 2027 general election.