2027: Again, ACourt validates INEC’s power to issue election guidelines

By Vivian Okejeme

The Court of Appeal, Abuja Division, has upturned the decision of Justice James Omotosho of the Federal High Court, Abuja, that sets aside parts of the electoral guidelines issued by the Independent National Electoral Commission, INEC, for the conduct of the 2027 general election.

The court set aside the judgement and allowed the appeal by INEC on the ground that the electoral umpire is empowered under the law to issue guidelines for the conduct of elections in the country.

Justice Adebukola Banjoko, who led the panel that heard amd delivered judgement in them matter said the the court is bound by its decision in the case between INEC Vs Youth Party of Nigeria, delivered last week.

At the high court, Justice James Omotosho, in the suit filed by SDP, granted some reliefs in favour of the party and some others in favour of the electoral umpire.

Not satisfied by the two judgements, INEC approached the Court of Appeal to set aside the judgments of Justice Umar and part of the judgement of Justice Omotosho which limited INEC’s power regarding the conduct of elections.

During the hearing of the appeals, Dr Alex Izinyon (SAN) led two other SANs, from INEC to argue the appeals. Dr Izinyon, in his submission before the Appellate Court contended that INEC has the power as provided by the law under the provisions of the 1999 Constitution and the Electoral Act to issue guidelines for the elections.

The senior lawyer said: “The Constitution, specifically, empowered INEC to organise, supervise and undertake elections and other political activities as provided and that the timetable provided is in consonance with the power donated by the 1999 Constitution and the enabling act for INEC to do what it did in issuing elections timetables.

“The trial court erred in law because it failed to interpret, using the Supreme Court authorities and Court of Appeal decisions on the power already donated by the 1999 Constitution to INEC to arrange for elections including pre-election matters. “The Supreme Court and Court of Appeal have held that INEC has the power to organise and supervise elections and this includes timetable for elections to carry out political activities preceding the elections.”