The legal dispute between the Independent National Electoral Commission (INEC) and the Federal High Court over the timetable for the 2027 general elections has triggered renewed debate over the limits of administrative powers and statutory authority in Nigeria’s electoral system.
Speaking during Frontline, a current affairs programme on Eagle 102.5 FM, Ilese-Ijebu, Ogun State, legal practitioner Monday Ubani said the controversy extends beyond INEC and could shape the future interpretation of Nigeria’s electoral laws.
Ubani explained that the commission’s decision to appeal the Federal High Court judgment was not unexpected, noting that INEC may believe its administrative guidelines should not easily be invalidated by the judiciary.
According to him, the Court of Appeal may eventually be required to “resettle” the legal questions surrounding the matter, particularly on whether subsidiary regulations issued by INEC can supersede the Electoral Act from which such powers are derived.
“A subsidiary legislation should not be superior to the superior enactment that actually gave birth to it,” he stated, describing the principle as a settled position in law.
He, however, acknowledged that INEC could defend its actions on grounds of administrative necessity, arguing that the electoral body may require flexibility to guarantee efficiency, orderliness and credibility in the electoral process.
Ubani described the dispute as a clash between administrative convenience and statutory compliance, questioning the extent to which courts should interfere with INEC’s internal regulatory procedures.
He pointed out that the controversy centres largely on Section 29 of the Electoral Act, which grants political rights to political parties and aspirants regarding candidate submissions.
According to him, the court found fault with INEC’s guideline fixing a May deadline for submission of party registers because it allegedly curtailed rights already guaranteed by law.
“The court is saying you have a right for administrative powers, but if that timeline encroaches upon a right already given by law, it becomes inconsistent,” he explained.
Ubani maintained that where administrative guidelines conflict with statutory provisions, the judiciary is empowered to invalidate such regulations to the extent of their inconsistency.
Asked whether the Federal High Court correctly interpreted Section 29 of the Electoral Act, the lawyer said the judgment appeared legally persuasive despite acknowledging INEC’s good intentions.
“If you ask me, there is some sense in what the court said,” he remarked, adding that public interest considerations would incline him towards supporting the court’s reasoning.
He further stressed that the Electoral Act still retains the 120-day framework for submission of candidates, insisting that the law remains binding unless amended by the National Assembly.
Ubani also dismissed assumptions that INEC’s application for stay of execution automatically suspends the judgment, explaining that such reliefs are discretionary and subject to judicial approval.
According to him, the courts may instead decide to accelerate hearing of the substantive appeal because of the political sensitivity and urgency of the matter.
On the issue of party defections, Ubani clarified that politicians still retain the legal right to switch parties until a competent court expressly rules otherwise.
He lamented Nigeria’s weak ideological political culture, arguing that many politicians treat parties merely as platforms for acquiring power rather than institutions built on clear principles and values.
According to him, frequent defections weaken democratic institutions and undermine the strength of opposition parties necessary for accountability in governance.
“There is no time administrative guideline can override a substantive law,” he stressed while explaining the hierarchy of laws in Nigeria, with the Constitution at the apex, followed by Acts of the National Assembly and then subsidiary regulations such as INEC guidelines.
Ubani also touched on allegations that INEC may have breached principles of fair hearing, noting that such concerns are preliminary legal issues that should be left for the appellate court to determine.
During the programme’s interactive session, callers expressed concerns over persistent party defections by elected officials, with one caller describing the trend as harmful to democratic development.
Responding, Ubani agreed that political culture remains Nigeria’s deeper challenge, arguing that legislative reforms alone may not resolve the problem without broader ideological reorientation and civic education.
He suggested that while the National Assembly could consider granting INEC broader powers through future amendments, sustainable democratic stability would require stronger political values and accountability.
Ubani further predicted that the case could ultimately reach the Supreme Court because of its constitutional significance and implications for the 2027 electoral process.
Another caller criticised INEC for challenging a judgment perceived by some citizens as beneficial to electoral fairness, accusing the commission of unnecessarily spending public resources.
Ubani, however, defended the commission’s right to appeal, describing it as part of the normal judicial process aimed at expanding and clarifying electoral jurisprudence in Nigeria.
He concluded by warning that Nigeria’s democratic future would continue to face challenges unless citizens demand accountability and political actors embrace ideological consistency over opportunistic alignments.
