The Court of Appeal in Abuja on Tuesday overturned a Federal High Court judgment that had restricted the Independent National Electoral Commission’s (INEC) powers to issue guidelines for the conduct of the 2027 general elections.
The appellate court held that the electoral umpire is constitutionally empowered to issue regulations and guidelines for elections, setting aside the earlier decision of Justice James Omotosho.
Delivering the lead judgment, Justice Adebukola Banjoko said the court was bound by its recent decision in the case of INEC v. Youth Party of Nigeria, which affirmed the commission’s authority to regulate the electoral process.
INEC had challenged aspects of the Federal High Court judgments delivered in suits involving the Social Democratic Party (SDP), arguing that they unlawfully curtailed its constitutional powers.
During the appeal, INEC’s lead counsel, Dr. Alex Izinyon (SAN), maintained that the 1999 Constitution and the Electoral Act expressly empower the commission to organise, supervise and conduct elections, including issuing timetables and guidelines for pre-election activities.
Agreeing with the commission’s position, the Court of Appeal upheld INEC’s appeal and reaffirmed its legal authority to issue election guidelines ahead of the 2027 general elections.
