By Stephen Simon
The Court of Appeal has affirmed the powers of the Independent National Electoral Commission (INEC) to issue regulations, guidelines and manuals for the conduct of elections, declaring that such powers are firmly rooted in the Constitution and the Electoral Act.
In a unanimous judgment delivered on Tuesday, the appellate court held that INEC’s authority to formulate election guidelines is essential to ensuring credible, transparent and orderly electoral processes, provided such regulations do not conflict with the Constitution or the provisions of the Electoral Act.
The court explained that while political parties, candidates and other stakeholders are expected to comply with the commission’s guidelines, INEC cannot use administrative directives to override or amend provisions of the Electoral Act enacted by the National Assembly.
According to the judgment, the electoral umpire is empowered to issue supplementary regulations to facilitate the implementation of the law, noting that the commission’s constitutional mandate includes making practical arrangements for voter accreditation, election logistics, result management and other operational aspects of elections.
The appellate court stressed that challenges to INEC’s guidelines must be based on proof that a particular regulation is inconsistent with the Constitution or the Electoral Act, rather than on mere disagreement with the commission’s administrative decisions.
Legal observers described the judgment as a significant clarification ahead of preparations for the 2027 general elections, saying it reinforces INEC’s operational independence while reaffirming that its powers remain subject to constitutional and statutory limits.
The decision is expected to guide political parties and candidates as the electoral commission begins rolling out regulations and procedures for the next electoral cycle, with stakeholders anticipating fresh guidelines covering voter registration, party primaries, candidate nominations and the deployment of election technology.
The judgment is also seen as strengthening the legal framework for election administration by striking a balance between INEC’s constitutional responsibilities and the supremacy of the Electoral Act in regulating Nigeria’s democratic process.
