By Maryam Shuaibu
The Court of Appeal in Abuja has overturned a Federal High Court judgment that nullified parts of the Independent National Electoral Commission’s (INEC) electoral guidelines for the conduct of the 2027 general elections.
In a unanimous judgment delivered on Thursday, the three-member appellate panel held that the Youth Party, which filed the suit challenging the guidelines, lacked the legal standing (locus standi) to institute the case.
The lead judgment, prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the party failed to show how the disputed guidelines affected its primary election or the submission of its candidates for the 2027 elections.
The court ruled that the Youth Party did not establish any injury arising from the guidelines to justify the action.
The appellate court also held that Justice Mohammed Garba Umar of the Federal High Court erred in his May 20 judgment, which nullified portions of the guidelines after finding them inconsistent with provisions of the Electoral Act.
According to the Court of Appeal, the lower court’s decision resulted in a miscarriage of justice.
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. He also voided aspects of the commission’s timetable requiring political parties to submit membership registers and candidates’ particulars ahead of timelines provided under the Electoral Act.
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INEC challenged the ruling at the Court of Appeal, 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 a fair hearing.
Allowing the appeal, the appellate court set aside the Federal High Court’s judgment, effectively restoring the validity of INEC’s electoral guidelines for the 2027 general elections.
Details later.….