Court of Appeal Affirms INEC’s Power to Set 2027 Election Guidelines
The Court of Appeal in Abuja has overturned a Federal High Court judgment that invalidated parts of the Independent National Electoral Commission’s (INEC) electoral guidelines for the 2027 general election, reaffirming the commission’s constitutional authority to regulate electoral processes. In a unanimous decision delivered by a three-member panel led by Justice Adebukola Banjoko, the appellate court held that INEC is empowered under the 1999 Constitution and the Electoral Act to issue election guidelines, timetables and other regulations necessary for the conduct of elections. The court set aside the earlier ruling of Justice James Omotosho of the Federal High Court in Abuja, which had nullified portions of the electoral guidelines following a suit filed by the Social Democratic Party (SDP). Justice Banjoko ruled that the lower court was bound by the Court of Appeal’s recent decision in INEC v. Youth Party of Nigeria, which affirmed the commission’s statutory powers to administer elections. The appeal stemmed from Justice Omotosho’s judgment, which granted some of the SDP’s requests while ruling in INEC’s favour on other issues. Dissatisfied with the aspects of the ruling that limited its powers over election management, INEC challenged the decision at the appellate court. Presenting INEC’s case, the commission’s lead counsel, Dr. Alex Izinyon (SAN), argued that the Constitution clearly empowers INEC to organise, conduct and supervise elections, including the issuance of electoral guidelines and election timetables. He maintained that the Federal High Court failed to properly interpret the relevant constitutional provisions and judicial precedents that recognise INEC’s authority. “The Constitution specifically empowers INEC to organise, supervise and undertake elections and other political activities. The timetable provided is in consonance with the powers donated by the 1999 Constitution and the Electoral Act,” Izinyon argued. He further submitted that both the Supreme Court and the Court of Appeal have consistently upheld INEC’s power to regulate electoral processes, including activities leading up to elections. “The trial court erred in law because it failed to interpret, using Supreme Court authorities and Court of Appeal decisions, the powers already donated by the Constitution to INEC to arrange elections, including pre-election matters,” he added. The appellate court’s ruling confirms INEC’s authority to issue electoral guidelines and set timelines for political activities ahead of the 2027 general election, reinforcing its constitutional mandate as Nigeria’s electoral management body.








