The Court of Appeal on Thursday vacated a Federal High Court judgment that had nullified the timelines the Independent National Electoral Commission (INEC) issued for the 2027 general elections, restoring the electoral body's authority to enforce its Revised Timetable.
A three-member panel unanimously upheld INEC's appeal against the May 20 judgment delivered by Justice Mohammed Umar, ruling that the lower court failed to follow binding precedents.
The appellate court held that INEC's Revised Timetable qualifies as subsidiary legislation under the 2026 Electoral Act, carrying the same force of law as the Act itself.
It found that every deadline in the timetable fell within the commission's statutory powers.
The case originated from a suit filed by the Youth Party (YP) seeking to compel INEC to comply with the Electoral Act's 120-day pre-election deadline for submitting party registers and candidates' personal particulars.
INEC was the sole defendant in the suit, marked FHC/ABJ/CS/517/2016.
Justice Umar had ruled in YP's favor, invalidating INEC's timeline for party primaries and candidate nominations.
He also set aside the commission's May 10 deadline requiring parties to submit membership registers as a condition for participating in the elections, finding the timeframes inconsistent with the Electoral Act.
The judge had held that INEC could not shorten the 120-day window for submitting candidates' particulars under Section 29(1), the 90-day window for withdrawing or substituting candidates under Section 31 or publish a final candidate list before the 60-day minimum set out in Section 32.
In its notice of appeal dated May 25, INEC raised nine grounds, arguing among other things that the trial court failed to resolve a jurisdictional issue it had raised, resulting in a denial of fair hearing.
The commission also contended that YP's suit was hypothetical and academic, and that it lacked the legal standing to bring the case.
INEC further argued that under Sections 29(1), 82 and 84 of the Electoral Act, it is not required to impose a fixed timeframe for party primaries, only that parties notify the commission 21 days beforehand and submit candidate names within 120 days of the election — provided this is done, the commission said, its role does not extend to dictating an earlier internal deadline.
The Court of Appeal agreed, setting aside Justice Umar's judgment and affirming that INEC acted within its statutory powers in issuing the Revised Timetable.
The ruling clears the way for the commission to proceed with its published schedule for the 2027 general elections.
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