By: Sunday Ameh
Legal practitioner and former Chairman of the Nigerian Bar Association Section on Public Interest and Development Law, Monday Ubani, has weighed in on the legal dispute involving the Independent National Electoral Commission (INEC) and the Federal High Court over the 2027 general election timetable, insisting that administrative regulations cannot override statutory laws.
Ubani made the remarks on Tuesday while speaking on Frontline, a current affairs programme aired on Eagle 102.5 FM, Ilese-Ijebu, Ogun State, where he extensively examined the constitutional and legal implications of the ongoing controversy.
The legal battle stems from questions surrounding INEC’s authority to issue electoral guidelines and whether such regulations can lawfully limit rights guaranteed under the Electoral Act.
Speaking on the matter, Ubani said he had anticipated INEC’s decision to challenge the court ruling.
“I knew it was either INEC would obey the judgment or proceed on appeal,” he said, noting that the electoral commission may be seeking to defend what it considers its administrative powers and internal operational processes.
According to him, the appellate court may now be called upon to determine whether subsidiary regulations can take precedence over the law that created and empowered them.
“A subsidiary legislation should not be superior to the superior enactment that actually gave birth to it,” Ubani stated, stressing that the principle remains settled in legal jurisprudence.
He, however, acknowledged that INEC may justify its position by arguing that it requires operational flexibility to ensure efficiency, transparency and timely conduct of elections.
Ubani described the issue as a clash between administrative convenience and legal compliance, raising questions over whether courts should interfere with the commission’s internal regulatory mechanisms.
While admitting that the Electoral Act grants INEC certain regulatory powers, he maintained that such authority must be exercised strictly within constitutional and statutory limits.
He pointed specifically to Section 29 of the Electoral Act, which he said creates enforceable political rights for parties and aspirants.
According to him, INEC’s guideline setting a deadline for submission of party registers may have inadvertently reduced rights already guaranteed by law.
He explained that while the Electoral Act may not expressly specify timelines for party registers, any administrative framework introduced by INEC should not conflict with existing legal rights.
“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 argued that where inconsistency exists between statutory provisions and administrative guidelines, courts are empowered to invalidate such regulations.
He further noted that although INEC may have acted with good intentions to ensure order and efficiency, intentions alone cannot override legal provisions.
“If you ask me, there is some sense in what the court said,” he added.
He also maintained that the Electoral Act still preserves the 120-day framework for submission of candidates and that such provisions remain valid unless amended by the National Assembly.
Speaking further, Ubani clarified that INEC’s application for a stay of execution does not automatically suspend the court judgment.
According to him, courts must carefully examine such requests before granting relief and may instead choose to fast-track hearing of the appeal.
He also addressed issues surrounding party defections, explaining that until a court rules otherwise, politicians remain legally entitled to switch parties.
“The window remains open,” he stated.
Ubani, however, lamented what he described as Nigeria’s weak political culture, arguing that many politicians treat parties as tools for power acquisition rather than ideological platforms.
He warned that frequent defections weaken opposition structures and undermine democratic accountability.
“There is no time administrative guideline can override substantive law,” he stressed.
During the programme’s interactive segment, some callers also expressed concerns over persistent political defections and accused politicians of abandoning ideology for personal gain.
Responding, Ubani agreed that political orientation and civic values remain major challenges in Nigeria’s democratic system, noting that reforms would require more than legislative amendments.
He concluded by warning that without ideological clarity, responsible leadership and informed voter choices, Nigeria may continue to struggle with governance challenges in future electoral cycles.
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