The Court of Appeal has stirred fresh legal uncertainty ahead of the 2027 general elections after two separate panels delivered judgments touching on the powers of the Independent National Electoral Commission (INEC), leaving lawyers and political stakeholders debating the extent of the electoral body’s constitutional authority.
In one of the decisions, the appellate court set aside an earlier judgment of the Federal High Court that had nullified INEC’s revised timetable for the 2027 elections.
The court held that the commission acted within its statutory powers in issuing guidelines and timelines for political parties to conduct their primaries and submit candidates for the elections.
It also ruled that the plaintiff lacked the legal standing to challenge INEC’s timetable.
The judgment effectively restores INEC’s revised electoral timetable and affirms the commission’s authority to regulate the electoral calendar.
However, in a separate judgment, another panel of the Court of Appeal declared Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026 unconstitutional.
The court held that the provisions, which empower INEC to regulate certain aspects of political parties’ internal affairs, including membership registers and party primaries, are inconsistent with Sections 221 and 222 of the 1999 Constitution, which guarantee political parties the right to manage their internal affairs.
Although the two decisions arose from different suits and addressed different legal questions, they have created uncertainty over the precise scope of INEC’s powers in the build-up to the 2027 general elections.
For now, INEC’s revised election timetable remains valid and enforceable following the appellate court’s decision restoring it.
However, the ruling striking down portions of the Electoral Act could limit the commission’s oversight of political parties’ internal processes unless the decision is overturned.
Legal analysts say the apparent inconsistency in the interpretation of INEC’s powers is ultimately a matter for the Supreme Court to resolve.
Until then, INEC is expected to continue implementing its election timetable while complying with the subsisting judgments affecting its regulatory powers.
