Subsidiary rules must not supercede Electoral Law, Ubani warns in INEC 2027 timeline battle

Michael Olumide

The ongoing legal confrontation between the Independent National Electoral Commission (INEC) and the Federal High Court over the timetable for the 2027 general elections has ignited fresh constitutional debate on the limits of administrative authority in Nigeria’s electoral system.

Human rights lawyer and former NBA Vice President, Monday Ubani, while speaking on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese-Ijebu, Ogun State, argued that subsidiary regulations issued by INEC cannot override the Electoral Act or constitutional provisions from which they derive legitimacy.

Ubani explained that the dispute goes beyond the immediate disagreement between the electoral umpire and the court, stressing that it touches the very foundation of electoral legality and democratic rights in Nigeria.

According to him, the central issue in contention is whether INEC’s administrative guidelines can lawfully restrict rights already guaranteed under the Electoral Act.

He noted that he anticipated the commission’s decision to appeal the Federal High Court judgment, saying it was expected that INEC would either comply with the ruling or challenge it at the appellate level.

“It is either INEC will obey that judgment or probably appeal,” he said, noting that the commission may believe its administrative procedures should not be invalidated by judicial intervention.
Ubani, however, maintained that settled principles of law are clear on the hierarchy of legal instruments.

“A subsidiary legislation should not be superior to the superior enactment that actually gave birth to it,” he stated.

He explained that while INEC possesses statutory powers to regulate electoral procedures and timelines, such powers must remain within constitutional and legislative boundaries.

According to him, the controversy largely revolves around Section 29 of the Electoral Act, which grants political parties and candidates specific rights concerning nomination processes and submission timelines.

Ubani argued that INEC’s guideline fixing a May deadline for submission of party registers effectively 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.

He stressed that where any inconsistency exists between administrative guidelines and substantive legislation, the courts are duty-bound to declare such regulations null and void to the extent of their inconsistency.

While acknowledging that INEC may have acted in good faith to ensure administrative efficiency and orderly electoral planning, Ubani insisted that good intentions cannot replace legal compliance.

“If you ask me, there is some sense in what the court said,” he remarked, adding that from a public interest perspective, the court’s reasoning appeared legally sound.

The senior lawyer further observed that the Electoral Act still retains the 120-day framework relating to candidate submission and that no amendment has been made by the National Assembly to alter those provisions.

He cautioned against assuming that INEC’s application for stay of execution automatically suspends the judgment, explaining that courts must first be satisfied before granting such relief.

According to him, the appellate court may instead choose to fast-track the substantive appeal given the sensitive and time-bound nature of electoral disputes.

Ubani also clarified that until a competent court rules otherwise, politicians remain legally free to defect from one political party to another.

“The window remains open,” he said.
He blamed Nigeria’s persistent wave of defections on weak political ideology and the absence of principled party structures.

According to him, political parties in Nigeria are often treated merely as “vehicles to attain power” rather than platforms built on ideology, values, and policy direction.

He warned that the growing culture of opportunistic defections weakens democratic accountability and undermines the opposition’s ability to provide checks and balances.

“There is no time an administrative guideline can override a substantive law,” Ubani reiterated while explaining the hierarchy of laws in Nigeria.

He stated that the Constitution remains supreme, followed by Acts of the National Assembly, while regulations and subsidiary guidelines occupy a lower legal position.

On allegations that INEC may have breached fair hearing principles in the matter, Ubani said such claims are threshold legal questions that the appellate court would determine during the appeal proceedings.

The legal practitioner also criticized what he described as Nigeria’s restrictive approach to public interest litigation, arguing that courts often insist on proof of personal injury before granting standing in cases involving broader public rights.

During the programme’s interactive session, callers expressed concern over the increasing trend of political defections across the country, with one caller describing the development as “democracy being raped.”

Responding, Ubani agreed that Nigeria’s political culture remains a deeper challenge than legislation alone.

He argued that while stronger laws may assist the electoral process, meaningful democratic growth would ultimately depend on political reorientation, civic education, and ideological development.

He further noted that the appellate court’s eventual decision may likely proceed to the Supreme Court because of the constitutional implications involved.

According to him, Nigerian courts often expedite politically sensitive electoral cases because of their wider national importance.

Another caller criticized INEC for appealing a judgment that many believe could strengthen electoral fairness, accusing the commission of wasting public resources.

Ubani, however, defended the commission’s right to appeal, describing it as part of the normal judicial process necessary for the development of electoral jurisprudence.

He also clarified that his comments regarding political defections were made strictly from a legal standpoint and should not be interpreted as political endorsement of any individual or party.

Ubani concluded by warning that Nigeria’s democratic future depends largely on leadership accountability and informed electoral choices by citizens.

He stressed that without ideological clarity, civic responsibility, and institutional respect for the rule of law, governance challenges may continue to persist beyond the 2027 general elections.