The Court of Appeal in Abuja has overturned a Federal High Court judgment that nullified the Independent National Electoral Commission’s (INEC) timetable for the 2027 general elections, affirming that the electoral body’s revised schedule is valid and consistent with the Electoral Act, 2026.
In a unanimous judgment delivered on Thursday by a three-member panel, the appellate court allowed INEC’s appeal against the May 20 decision of the Federal High Court, holding that the lower court failed to apply binding judicial precedents in reaching its verdict.
The Court of Appeal ruled that INEC’s Revised Timetable for the 2027 general elections constitutes subsidiary legislation under the Electoral Act, 2026, and therefore carries the same legal force as the principal legislation. The court further held that the electoral commission acted within its statutory powers and that all deadlines contained in the timetable comply with the provisions of the Electoral Act.
INEC had challenged the Federal High Court’s judgment through a nine-ground notice of appeal filed on May 25. The commission argued that the trial court failed to determine a crucial jurisdictional issue it raised and maintained that the suit instituted by the Youth Party (YP) was hypothetical and academic. It also contended that the lower court’s failure to rule on the jurisdictional objections amounted to a denial of its right to a fair hearing.
The electoral commission further faulted the trial court’s interpretation of Sections 29, 82 and 84 of the Electoral Act, 2026, insisting that it has the statutory authority to issue guidelines and timelines necessary for the conduct of elections, provided they remain within the framework of the law.
The appeal arose from a judgment delivered by Justice Mohammed Umar of the Federal High Court, which nullified INEC’s timetable for the conduct of party primaries, candidate nominations and the submission of party membership registers for the 2027 general elections.
Justice Umar had ruled that the timelines imposed by INEC were inconsistent with the Electoral Act, holding that the commission lacked the authority to shorten the statutory periods provided for the submission, withdrawal and substitution of candidates.
The case was instituted by the Youth Party, which argued that INEC exceeded its constitutional powers by prescribing deadlines for party primaries beyond those stipulated under the Electoral Act. The party sought a declaration that the commission could not lawfully abridge the statutory timelines provided by the Act.
However, the Court of Appeal disagreed with the lower court’s position, ruling that INEC acted within the scope of its legal mandate in issuing the revised timetable for the 2027 general elections, thereby restoring the commission’s election schedule.