A former Chairman of the Nigerian Bar Association Section on Public Interest and Development Law, Monday Ubani, has backed the Federal High Court ruling nullifying aspects of the Independent National Electoral Commission’s 2027 election timetable, insisting that administrative guidelines cannot override statutory provisions.
Ubani stated this on Tuesday while speaking on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese Ijebu, Ogun State, where he examined the constitutional implications of the legal dispute between INEC and the Federal High Court over the implementation of the Electoral Act ahead of the 2027 general elections.
The senior lawyer explained that the controversy centred on whether INEC’s administrative regulations could lawfully restrict political rights already guaranteed under the Electoral Act.
According to him, “A subsidiary legislation should not be superior to the superior enactment that actually gave birth to it.”
Ubani noted that although INEC possesses powers to issue guidelines for smooth electoral administration, such powers must remain within constitutional and statutory boundaries.
He said the court found fault with INEC’s May deadline for submission of party registers because it allegedly shortened rights already accruing to political parties and aspirants under Section 29 of the Electoral Act.
“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 stated.
Ubani added that where inconsistency exists between administrative guidelines and statutory law, courts are empowered to declare such regulations “null and void to the extent of their inconsistency.”
He, however, acknowledged that INEC may have acted in good faith to guarantee orderliness, credibility and timely conduct of elections, but stressed that good intentions could not override provisions of the law.
“If you ask me, there is some sense in what the court said,” he added.
The legal practitioner also dismissed assumptions that INEC’s appeal and application for stay of execution automatically suspended the judgment, explaining that the appellate court must first determine whether such relief should be granted.
According to him, until a contrary court order is issued, politicians still retain the legal right to defect from one political party to another.
“The window remains open,” he said.
Ubani further criticised Nigeria’s political culture, describing frequent party defections as evidence of weak ideological foundations within the country’s democratic system.
He argued that political parties in Nigeria are often treated as vehicles for attaining power rather than platforms built on principles and ideology.
During the programme’s interactive session, some callers also condemned frequent defections by elected politicians, with one caller describing the practice as “democracy being raped.”
Responding, Ubani agreed that political orientation remained a major challenge, insisting that legislative reforms alone would not solve the problem without broader civic and ideological reorientation.
He also predicted that the dispute over INEC’s timetable and the interpretation of the Electoral Act may eventually reach the Supreme Court because of its constitutional significance and time-sensitive nature.
Ubani maintained that electoral jurisprudence would continue to evolve through judicial interpretation, adding that INEC’s decision to appeal remained within its constitutional rights.
