The Court of Appeal sitting in Abuja has vacated a Federal High Court judgment that nullified timelines issued by the Independent National Electoral Commission, INEC, for the 2027 general elections.
In a unanimous decision delivered on Thursday by a three-member panel, the appellate court upheld an appeal filed by INEC to challenge the May 20 judgment of the Federal High Court.
The Court of Appeal held that the trial court failed to follow binding precedents. It stated that INEC’s Revised Timetable for the 2027 general elections is legally considered subsidiary legislation to the 2026 Electoral Act.
The court further held that such subsidiary legislation has the same force of law as the Electoral Act, and that INEC acted within its statutory powers.
It added that every deadline in the Revised Timetable for the 2027 general elections falls within the ambit of the Electoral Act.
INEC’s Appeal
INEC had in its notice of appeal dated May 25 raised nine grounds, urging the appellate court to set aside the High Court judgment.
The Commission argued that the trial court erred in law by failing to determine a jurisdictional issue it raised. It also maintained that the suit instituted by the Youth Party, YP, was hypothetical and academic.
INEC further contended that the trial court’s decision denied it fair hearing, and that the verdict was against the weight of evidence presented by the parties.
The Commission asked the Court of Appeal to allow the appeal, set aside the judgment, and strike out YP’s case on the ground that it lacked the locus standi to institute and maintain the action.
The High Court had, in a judgment delivered by Justice Mohammed Umar, invalidated timelines issued by INEC for the conduct of primaries and nomination of candidates for the 2027 elections.
The court also set aside INEC’s May 10 deadline requiring political parties to submit a register and database of all their members as a condition for participating in the general elections.
Justice Umar held that the timeframe INEC imposed for political parties to conduct primaries and to submit, withdraw, or replace the names and particulars of candidates “is inconsistent with the provisions of the Electoral Act, 2026.”
The suit, marked FHC/ABJ/CS/517/2016, was filed by YP to compel INEC to comply with the 120-day pre-election deadline for submitting party registers and candidates’ personal particulars as provided in the Electoral Act 2026. INEC was listed as the sole defendant.
With Thursday’s decision, the Court of Appeal has restored INEC’s Revised Timetable for the 2027 general elections.
