Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
A Senior Advocate of Nigeria, Oba Maduabuchi, has described the decision of the Youth Party to challenge the Independent National Electoral Commission in court over the 2027 election timetable as a jurisdictional overreach, arguing that it is not the place of any political party to drag the electoral umpire to court for simply carrying out its constitutional duties. Maduabuchi made the remarks in the wake of the Court of Appeal's unanimous decision on July 16, 2026, which set aside the May 20, 2026 judgment of the Federal High Court that had nullified key portions of INEC's Revised Timetable and Schedule of Activities for the 2027 General Election. The appellate court, in a lead judgment prepared by Justice Adebukola Banjoko and read by Justice Okon Abang, held that the Youth Party lacked the legal standing to institute the suit in the first place.
Maduabuchi, who has been a vocal commentator on electoral law, argued that INEC derives its powers directly from the Constitution and that its guidelines, when issued within the scope of those powers, are not subject to judicial interference by parties that cannot demonstrate specific injury. "INEC has the power to organise elections, and it's a funny situation," he said. "The Youth Party does not have the legal standing to challenge INEC in court. You cannot challenge INEC for doing what the constitution allows it to do." His remarks echo the Court of Appeal's own reasoning, which held that the Youth Party failed to explain how INEC's guidelines affected its primary election or the nomination of its candidates for the 2027 poll.
The Federal High Court, in its May 20 ruling, had struck down several timelines fixed by INEC, including deadlines for party primaries, the submission of membership registers, and the publication of the final list of candidates. However, the Court of Appeal unanimously overturned that decision, holding that the trial court had erred in law and caused a miscarriage of justice by nullifying guidelines that were consistent with the Electoral Act, 2026. The appellate court further held that INEC's Revised Timetable constitutes subsidiary legislation made pursuant to the Electoral Act and therefore has the force of law.
Maduabuchi had earlier raised fundamental questions about the validity of the Federal High Court judgment itself, suggesting that the case may have been filed without proper authorisation from the Youth Party. In a May 2026 interview with ARISE News, he stated that a court judgment cannot stand without a valid plaintiff and properly recognised parties in the suit. "Without a proper plaintiff, there cannot be a proper suit. So that means there was no judgment," he said. He also warned that any lawyer found to have filed a case without proper authorisation could face severe sanctions, including possible disbarment.
The Court of Appeal's ruling has effectively restored INEC's electoral timetable for the 2027 polls, clearing the way for the commission to proceed with its schedule without the restrictions imposed by the earlier High Court judgment. The appellate court also ruled that the Youth Party's action was merely academic and that the party had failed to establish any specific injury or direct impact on its operations. With the legal battle now resolved in INEC's favour, political parties are expected to align with the restored timetable as they prepare for party primaries, candidate nominations, and other activities leading to the next general election.
Maduabuchi, however, has used the controversy to issue a broader warning to political parties, urging them to strengthen their legal departments ahead of the 2027 elections. He argued that political parties should appoint lawyers who prioritise the law over political interests, warning that poor legal advice could result in costly electoral mistakes and exclusion from the electoral process. "Yes, of course, they have to strengthen their legal departments. You don't use lawyers who are politicians. There are lawyers who will tell you something which will be sweet to your ears," he said. According to him, lawyers with a sound understanding of constitutional law would provide accurate guidance that could prevent parties from making avoidable mistakes.
Maduabuchi also criticised lawyers who rely on court manoeuvres rather than legal merit, saying political parties should instead seek advisers who "believe in knowing the law". "It goes without saying that there are lawyers who know the judges more than they know the law," he said. He concluded by reiterating that stronger legal departments would help political parties avoid similar disputes in future elections. The Court of Appeal's decision and Maduabuchi's commentary have together underscored the importance of legal compliance and the limits of judicial intervention in the electoral process, setting the stage for a more disciplined approach to election litigation as Nigeria prepares for the 2027 general elections.
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