INEC guidelines: A/Court dashes hope of politicians, parties

Hopes that political parties could secure more time to conduct their primaries ahead of the 2027 general elections were dashed on Thursday after the Court of Appeal upheld the Independent National Electoral Commission’s (INEC) guidelines for the electoral process.

The appellate court, sitting in Abuja, set aside the May 20 judgement of the Federal High Court, which had nullified aspects of INEC’s guidelines and questioned the commission’s authority to prescribe timelines for party primaries.

The ruling restores INEC’s timetable and effectively closes the door on calls for an extension of the deadline for the conduct of primaries.

Daily Trust reports that the Youth Party had challenged the legality of INEC’s guidelines, arguing that the commission lacked the power to impose deadlines that were shorter than the period provided under the Electoral Act, 2026.

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Many political parties had hoped the suit would succeed because they believed the May 30 deadline limited their ability to take full advantage of the Electoral Act, which allows parties up to 120 days before the general election to conclude their primaries.

In a unanimous judgement delivered by a three-member panel, the Court of Appeal held that the Youth Party lacked the legal standing (locus standi) to institute the suit because it failed to demonstrate how the guidelines affected it.

The court further held that the Federal High Court erred by interfering with INEC’s administrative discretion, stressing that the commission acted within the powers conferred on it by law to regulate the electoral process.

INEC had approached the Court of Appeal, arguing that the lower court failed to properly consider its constitutional and statutory powers and that the suit filed by the Youth Party was academic and hypothetical.

The appellate court specifically held that the respondent, Youth Party, failed to establish how the guidelines affected the submission of its nominated candidates to INEC.

INEC, through its lead Counsel, Alex Izinyon, had asked the appellate court to set aside the judgment of the Federal High Court which nullified part of the election guidelines put in place by the agency for the conduct of the 2027 general election.

Justice Adebukola Banjoko, who prepared the lead judgement read by Justice Okon Abang, held that the Youth Party failed to establish how the guidelines affected it or its members in the conduct of their primaries.

The three justices unanimously agreed that Justice Mohammed Umar of the Federal High Court, who on May 20 nullified the guidelines on the ground that it violated some provisions of the Electoral Act, erred in nullifying the guidelines and held that the decision occasioned a miscarriage of justice.

Justice Okon Abang, who read the judgement of the three-member panel, faulted the trial court for invalidating the administrative discretion of INEC, saying; “The law gives INEC powers to conduct elections in the country.”

“There was no deposition or threat that the respondent was prevented from conducting its primaries. The respondent can only invoke the powers of the court 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 granted by the trial court were wrongly granted and they are hereby set aside.”

INEC hails Appeal Court’s ruling

The Independent National Electoral Commission (INEC) when contacted, welcomed Thursday’s judgement of the Court of Appeal upholding its guidelines for the conduct of the 2027 general election.

Reacting to the judgement, the commission’s Director, Voter Education and Publicity, Mrs Victoria Eta-Messi, described the verdict as “good news” for the electoral body.

“It’s good news,” she said.

Implications of earlier judgement

In a piece written on the earlier judgement of the High Court, Prof Momodu Kassim-Momodu explained that the judgement in Youth Party vs. INEC serves as a definitive legal affirmation of the supremacy of substantive legislation over administrative regulations.

He said “The core conclusion of the court is that while INEC has the mandate to organise and monitor elections, this authority must be exercised strictly within the boundaries set by the Electoral Act, 2026.”

He added that “Ultimately, the judgement ensures that the 2027 General Elections must proceed on a timetable that respects the time frames mandated by law, thereby safeguarding a level playing field for all political participants and upholding the integrity of the democratic process.

What parties may face over current judgement

Although political parties have already concluded their presidential and National Assembly primaries and submitted the names of their candidates to INEC, political observers say a different outcome would have given parties more time to resolve internal disputes and pending court cases before completing their nominations.

Several opposition parties, including the Peoples Democratic Party (PDP) and the African Democratic Congress (ADC), are battling leadership and candidate disputes despite conducting their primaries.

One faction of the PDP is backing former President Goodluck Jonathan as its presidential candidate, while another has presented Senator Sandy Onor.

Similarly, the ADC remains divided between the National Working Committee led by former Senate President David Mark, which is recognised by INEC and has nominated former Vice President Atiku Abubakar, and another faction led by former Deputy National Chairman Nafiu Bala Gombe, which claims Chris Uba as its presidential candidate.

Analysts also say an extension could have given parties additional time to resolve issues surrounding the nomination of vice-presidential candidates, as some are yet to announce their running mates.

Our correspondent reports that the judgment is also expected to have implications for governorship primaries in states where rival factions continue to lay claim to party structures and candidates.

The INEC had set May 30 for the conclusion of primaries which had been complied with by political parties.

When the judgement was given in May, many aggrieved aspirants rejoiced that it would give them more time to press their cases.

It does not affect us – NDC

Publicity Secretary of the Nigeria Democratic Party (NDC), Osa Director, did not respond to calls put across to him yesterday for the party’s reaction to the judgement.

However, a chieftain of the party, who sought anonymity, said the appeal court judgement does not in any way affect the party.

He said the party met the May 30 deadline for the conduct of all its primaries from the state to the national level.

We’ll respond after our case today – PDP faction

The National Publicity Secretary of the Kabiru Turaki-led faction of the PDP, Ini Ememobong, said they will speak on the development after the court sitting on the issue today.

In the case coming up today, the Board of Trustees BOT chairman of the PDP, Adolphus Wabara, and eight others are seeking among others, an order compelling the Independent National Electoral Commission (INEC) to recognise the Interim National Working Committee of PDP, led by Tanimu Turaki.

They predicated their legal action on the alleged failure of the electoral umpire to upload the names of the Turaki-led interim NWC members on its website for the 2027 general election.

They are asking the court for an order directing INEC to forthwith, update its records and publish on its official website the interim NWC of the party as forwarded to it by the plaintiffs and its National Executive Committee (NEC).

We are not affected – PRP

The Peoples Redemption Party (PRP) stated that the judgement delivered Thursday by the Court of Appeal, which validated the election guidelines set by INEC for the 2027 general elections, does not in any way affect or undermine their party.

“We have meticulously executed and concluded all our activities within the timelines revised and approved by INEC.”

A statement signed by the Bauchi State Secretary of the party, Abubakar Sani, said “Our governorship and state assembly candidates will be uploaded promptly once INEC opens its portal for that purpose on Saturday, July 18th, 2026.”

Parties should comply with INEC timetable – Lawyer

A legal practitioner, Josiah Adebayo, Head of Chambers to Akin Akintoye, said the Court of Appeal’s decision reaffirmed INEC’s constitutional powers to issue guidelines, regulations and timetables for elections.

He said the guidelines are designed to ensure orderliness in the electoral process and urged political parties to comply with the commission’s timetable instead of resorting to litigation.

He accused some political actors of using court actions to frustrate the implementation of the Electoral Act and delay the electoral process.

“It is just to frustrate the Electoral Act,” he said, adding that pending court cases could be exploited to challenge steps already taken by the electoral umpire.

While acknowledging that the matter could still proceed to the Supreme Court, he warned that prolonged litigation close to the elections could complicate preparations for the polls.

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