The Court of Appeal in Abuja has overturned the Federal High Court’s decision nullifying parts of the Independent National Electoral Commission (INEC)’s guidelines for the conduct of the 2027 general election, affirming the electoral body’s authority to implement the regulations.
In a unanimous judgment delivered on Thursday, a three-member panel of the appellate court set aside the May 20 ruling of the Federal High Court, describing it as legally flawed.
Delivering the lead judgment, Justice Adebukola Banjoko held that the Youth Party (YP), which instituted the suit challenging the guidelines, lacked the legal standing (locus standi) to maintain the action.
According to the court, the party failed to demonstrate how the INEC guidelines adversely affected either its members or the conduct of its primary election for the nomination of candidates ahead of the 2027 general election.
Justice Banjoko further held that the Youth Party did not establish how the guidelines impeded the submission of its nominated candidates to INEC.
The appellate court unanimously agreed that the trial judge, Justice Mohammed Garba Umar of the Federal High Court, erred in law by nullifying portions of the guidelines on the grounds that they allegedly conflicted with provisions of the Electoral Act.
The Court of Appeal held that the decision amounted to a miscarriage of justice and consequently vacated the judgment in its entirety.
INEC, through its lead counsel, Dr. Alex Izinyon (SAN), had urged the appellate court to overturn the lower court’s ruling, arguing that the suit was speculative, academic, and that the trial court failed to determine the crucial issue of jurisdiction. The commission also contended that it was denied a fair hearing during the proceedings.
With the appellate court’s decision, INEC’s guidelines for the conduct of the 2027 general election remain valid and enforceable.
Details later…
Comments