Falana Raises Alarm Over Court Conflicts, Says 2027 Polls Risk Sabotage

Human rights lawyer Femi Falana has expressed concern that conflicting court judgments involving the Independent National Electoral Commission may jeopardise preparations for the 2027 general elections.

In a statement titled “Nigerian Judges and Lawyers Should Be Prevented From Sabotaging the 2027 Election,” Falana condemned what he described as contradictory rulings by judges of coordinate jurisdiction on INEC’s powers to determine timelines for political party primaries and submission of membership registers.

According to him, the conflicting judgments have left INEC in a position where it could selectively decide which ruling to obey, thereby creating uncertainty within the electoral system.

He warned that such inconsistencies could weaken public trust in the judiciary as well as confidence in the credibility of the electoral process.

Falana stated that judges and lawyers should avoid actions capable of creating confusion ahead of the 2027 polls.

He recalled that Justice Mohammed Umar of the Federal High Court had recently nullified INEC’s timeline for party primaries and candidate nominations, ruling that the schedule conflicted with provisions of the Electoral Act 2026.

“It held that the time frame the electoral umpire announced for political parties to conduct their primaries and to submit, withdraw, or replace the names and particulars of their candidates for the general elections ‘is inconsistent with the provisions of the Electoral Act, 2026,’” Falana said.

The suit was instituted by the Youth Party.

Falana also noted that INEC had appealed the ruling and filed an application for stay of execution pending the outcome of the appeal.

However, he pointed out that another judgment delivered by Justice J.K. Omotosho affirmed INEC’s constitutional powers to issue election timetables, including deadlines for party primaries and submission of membership registers.

“Justice J.K. Omotosho who delivered the judgment declared that Election Timetable is a chain of events or actions which include submission of membership register of political parties to be used for the purpose of primaries and fix timeframes within which political parties are to organize their primary Elections for the purpose of the stated 2027 Election,” he stated.

The case was brought before the court by the Social Democratic Party.

Falana described the conflicting judgments as a source of “unnecessary confusion in the polity,” adding that the development effectively allows INEC to decide which court order to comply with.

He further stated that the National Judicial Council had repeatedly warned judges against issuing conflicting rulings, while the Nigerian Bar Association had cautioned lawyers against filing cases likely to produce contradictory orders.

Falana urged both bodies to urgently investigate the circumstances surrounding the cases involving the Youth Party and the Social Democratic Party.

He warned that failure to address the issue could lead to a repeat of the legal controversies that contributed to the annulment of the June 12, 1993 presidential election.

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