The Court of Appeal in Abuja has reversed a lower court decision that had restricted the Independent National Electoral Commission's authority to issue guidelines for the 2027 general election. Justice Adebukola Banjoko, leading the appellate panel, ruled that INEC possesses the legal power to establish such guidelines.
The ruling overturned Justice James Omotosho's earlier decision at the Federal High Court, which had partly invalidated INEC's electoral guidelines after the Social Democratic Party challenged them. Justice Banjoko held that the Federal High Court was bound by a previous appellate decision in the case between INEC and the Youth Party of Nigeria.
INEC had gone to the Court of Appeal seeking to overturn two lower court judgements that had limited its powers regarding election conduct. The commission argued the restrictions conflicted with its constitutional authority.
During arguments, Dr Alex Izinyon, the senior advocate leading INEC's legal team, contended that the 1999 Constitution and the Electoral Act grant the commission explicit power to organise, supervise and conduct elections. According to him, the Federal High Court had misinterpreted the law when it limited INEC's authority.
"The Constitution specifically empowered INEC to organise, supervise and undertake elections and other political activities as provided, and the timetable provided is in consonance with the power donated by the 1999 Constitution," Izinyon told the court.
He added that the trial court erred by failing to apply established Supreme Court and Court of Appeal precedents that clearly recognise INEC's power to manage elections and election-related matters. "The Supreme Court and Court of Appeal have held that INEC has the power to organise and supervise elections, and this includes the timetable for elections to carry out political activities preceding the elections," he said.
Izinyon argued the trial judge should have relied on superior court authorities when interpreting INEC's constitutional powers. He contended the lower court's interpretation contradicted well-established legal principles governing the electoral commission's mandate.
The appellate court's decision strengthens INEC's position as it prepares for the 2027 elections. The ruling clarifies that courts cannot arbitrarily restrict the commission's authority to set election guidelines and procedures.
The case highlights ongoing tensions between political parties challenging INEC's operational decisions and the commission's insistence on its independent authority to conduct elections. With the appellate court's backing, INEC can now proceed with its planned electoral framework for 2027.
