2027: IPAC Responds to Court Ruling That Guidelines Cannot Override the Constitution in INEC Case

The Inter‑Party Advisory Council (IPAC) has reminded the Independent National Electoral Commission (INEC) that its guidelines cannot supersede the Nigerian Constitution.

IPAC welcomed the Federal High Court ruling that struck down INEC’s deadline for political parties to submit membership registers, calling the decision a triumph for democracy and the rule of law.

In a statement signed by National Publicity Secretary Egbeola Wale Martins, IPAC said the judgment will prevent exclusionary conditions that could disenfranchise aspirants and party members.

According to the Daily Post, the Federal High Court in Abuja delivered a landmark judgment affirming that while INEC has supervisory authority over elections, it cannot impose binding timelines on how and when parties conduct their internal primaries.

IPAC described the ruling as a clear reaffirmation of constitutional supremacy and the rule of law, arguing that it was an aberration for INEC to attempt to rewrite the Constitution of the Federal Republic of Nigeria through administrative guidelines. “INEC guidelines can never be superior to the Constitution or the provisions of existing laws governing the electoral process,” the statement added.

The statement read: “While no one is questioning the powers of INEC to issue guidelines for the conduct of elections, such guidelines must operate strictly within the confines of the law.”

“This judgment therefore represents a major victory for democracy, the rule of law, political parties and indeed all citizens of Nigeria. It restores the constitutional rights of political parties to manage their internal affairs in line with democratic principles and without unlawful administrative interference,” the statement continued.

“Importantly, this judgment will enable political parties to provide all eligible members with equal opportunity to participate in party primaries while discouraging exclusionary conditions capable of disenfranchising aspirants and party members,” it added.

IPAC called on INEC Chairman Prof. Joash Amupitan to deepen engagement and consultation with political parties, which it said remain the most important stakeholders in the electoral process.

It added, “Greater collaboration and dialogue would have helped prevent this avoidable error and the unnecessary legal disputes arising from it.”

IPAC noted that the development further validates its consistent position that INEC’s attempt to compress and undertake too many electoral activities within a limited timeframe before elections could create confusion, administrative bottlenecks and exclusion within the electoral process.