Appeal Court Restores INEC Guidelines, Paves Way for 2027 General Elections

Independent National Electoral Commission (INEC)

Appeal Court Restores INEC Guidelines, Paves Way for 2027 General Elections

The Court of Appeal sitting in Abuja has set aside a Federal High Court judgment that nullified key timelines issued by the Independent National Electoral Commission for the 2027 general elections, restoring the electoral body’s authority to enforce its Revised Timetable and Schedule of Activities . In a unanimous decision delivered on Thursday by a three-member panel, the appellate court upheld INEC’s appeal against the May 20 judgment of Justice Mohammed Umar, ruling that the trial court failed to follow binding judicial precedents . The Court held that INEC’s Revised Timetable constitutes subsidiary legislation made pursuant to the Electoral Act 2026, and therefore carries the same force and effect as the principal legislation itself . According to the appellate court, every deadline contained in the revised schedule falls within the provisions of the Electoral Act, and the electoral commission validly exercised its statutory powers in issuing the timetable . The judgment effectively removes the legal uncertainty that had trailed preparations for the 2027 general elections after conflicting judicial decisions created concerns over the validity of the commission’s electoral calendar .

The dispute originated from a suit filed by the Youth Party, marked FHC/ABJ/CS/517/2026, challenging key provisions of INEC’s revised timetable . The party had argued that INEC lacked statutory authority to prescribe the period within which political parties must conduct their primaries for nominating candidates for the 2027 general elections . Delivering judgment on May 20, Justice Mohammed Umar agreed with the Youth Party and declared that INEC could not lawfully abridge the statutory timelines provided under the Electoral Act by prescribing earlier deadlines in its election timetable . The trial court relied on Section 29(1) of the Electoral Act, which gives political parties up to 120 days before an election to submit the personal particulars of nominated candidates, and held that INEC lacked the power to shorten that period . The Federal High Court also ruled that Section 31 of the Electoral Act permits political parties to withdraw and substitute candidates not later than 90 days before an election, making it unlawful for INEC to impose an earlier deadline . Similarly, the trial court held that Section 32 of the Electoral Act does not empower INEC to publish the final list of candidates earlier than the statutory minimum period of 60 days before an election . The court consequently invalidated INEC’s timelines for the conduct of party primaries, nomination of candidates, withdrawal and substitution of candidates, and also set aside the commission’s May 10 deadline requiring political parties to submit their membership registers and databases as a condition for participation in the 2027 general elections .

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Dissatisfied with the judgment, INEC filed a nine-ground notice of appeal dated May 25, urging the appellate court to overturn the decision . The commission argued that the trial court failed to determine a jurisdictional objection it had raised before proceeding to the substantive issues, thereby denying it a fair hearing . INEC maintained that the suit filed by the Youth Party was hypothetical and academic and that the party lacked legal standing to institute and maintain the action . The commission further contended that although Section 29(1) requires political parties to submit candidate names not later than 120 days before an election, the Act equally empowers INEC to coordinate and regulate the electoral process by issuing a timetable that ensures the orderly conduct of elections . INEC also argued that enforcing the Federal High Court judgment would disrupt preparations for the 2027 general elections, submitting that “if the judgment is enforced or executed before the hearing and determination of the appeal, the entire electoral architecture and preparations for the 2027 general elections will be thrown into confusion” . According to the commission, the election timetable is an integrated programme in which every stage—from submission of membership registers and conduct of primaries to nomination of candidates, campaigns and publication of final lists—is interconnected .

The Court of Appeal agreed with INEC’s submissions, with the lead judgment prepared by Justice Adebukola Banjoko and read by Justice Okon Abang . The appellate court faulted the trial court for invalidating the administrative discretion of INEC, stating that “where INEC acts within its power, the courts cannot get involved” . The court also held that the Youth Party lacked legal standing to institute the case, as it did not explain how the guidelines affected its members in the conduct of primary elections for candidate nomination . “There was no deposition or threat that the respondent was prevented from conducting its primaries,” the court stated. “The respondent can only invoke the powers of the court where there are heavy threats to its participation in the election” . The ruling restores all timelines earlier fixed by INEC for party primaries, submission of candidates’ personal particulars, withdrawal and substitution of candidates, publication of the final list of candidates, and other pre-election activities . With the appellate court’s verdict, political parties are now expected to align with the restored timetable as they prepare for primaries, candidate nominations and other activities leading to the next general election . Unless further appealed to the Supreme Court, Thursday’s decision restores the legal foundation for INEC’s 2027 election timetable, allowing the commission to continue implementing its schedule for the forthcoming general elections without the restrictions imposed by the earlier High Court ruling .