Court of Appeal Restores INEC BVAS, Electronic Results Transmission Guidelines for 2027 Elections
The Court of Appeal has overturned a judgment of the Federal High Court that invalidated parts of the Independent National Electoral Commission (INEC) Regulations and Guidelines issued for the conduct of elections.In its judgment, the appellate court held that the lower court erred in law when it nullified portions of the electoral guidelines. The court therefore allowed the appeal and set aside the entire decision of the Federal High Court.
The Federal High Court had earlier ruled that aspects of the regulations issued by INEC were inconsistent with the Electoral Act and consequently declared them invalid. The lower court also directed that the affected provisions should not remain part of the commission’s operational guidelines.
However, the Court of Appeal disagreed with that position, ruling that INEC, as Nigeria’s electoral management body, has the statutory authority to formulate regulations and guidelines to aid the conduct of elections, provided such regulations do not conflict with the provisions of the Constitution and the Electoral Act.
The appellate court further held that the trial court failed to properly interpret the scope of INEC’s powers under the law. According to the court, the commission’s guidelines serve as administrative instruments designed to facilitate the implementation of electoral laws and should not be invalidated unless they are clearly shown to be inconsistent with existing legislation.By allowing the appeal, the Court of Appeal restored the legal effect of the disputed provisions of the guidelines, reaffirming INEC’s authority to issue operational directives for the conduct of elections.
The judgment is regarded as a significant legal development as the country gradually begins preparations for the 2027 general elections. It also provides greater clarity on the powers of the electoral commission in issuing regulations that guide election officials, political parties and other stakeholders during the electoral process.
