Abuja Division of the Court of Appeal has voided the Federal High Court judgement which nullified the guidelines issued by the Independent National Electoral Commission, INEC, for the conduct of the 2027 general election.
Recall that a Federal High Court in Abuja had ruled that the guidelines set by the INEC, which fixed time limits for political parties to sumbit names of candidates, as well as other processies for the 2027 general election, where null and void.
However, in a unanimous judgment on Thursday, the appellate court voided and set aside the May 20 judgment.
The lead judgment was prepared by Justice Adebukola Banjoko but read by Justice Okon Abang.
The appellate court held that the Youth Party YP which instituted the case against INEC lacked legal power (locus standi) to do what it did.
Justice Banjoko said that the party did not explain how the Guidelines affected it and its members in the conduct of its primary election for the nomination of candidates for the 2027 poll.
The Court also held that the YP failed to establish how the Guidelines affected the submission of its nominated candidates to INEC.
The three Justices unanimously agreed that Justice Mohammed Garba Umar of the Federal High who on May 20 nullified the guidelines on the ground that it violated some provisions of the Electoral Act did so in gross errors and led to miscarriage of justice.
INEC which filed appeal against the high court decision had argued that the lower court erred in law when it failed to pronounce on the jurisdictional issue of the suit being hypothetic and academic, and a denial of fair hearing to the appellant.
INEC through its lead Counsel, Dr Alex Izinyom had asked the Court of Appeal to set aside the judgment of the Federal High Court which nullified part of the election guidelines put in place by the agency for the conduct of the 2027 general election.
With the development, all the political parties which could not meet up with the July 14 deadline for the submission of candidates’ list to INEC portal may not have the opportunity of fielding candidates for such positions.
As of the time of filing this report, only the Peoples Democratic Party, PDP, and the All Progressives Congress, APC, confirmed that they have successfully uploaded alll their candidates.
