A constitutional debate has continued to trail the ongoing legal dispute between the Independent National Electoral Commission (INEC) and the Federal High Court over the timetable for the 2027 general elections, with legal practitioner and former Nigerian Bar Association Vice President, Monday Ubani, warning that subsidiary regulations must never supersede substantive electoral law.
Ubani stated this on Tuesday while speaking on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese-Ijebu, Ogun State, where he extensively analysed the implications of the case and its potential impact on Nigeria’s electoral jurisprudence.
According to him, the controversy transcends INEC and raises broader constitutional questions regarding the limits of administrative authority within Nigeria’s democratic framework.
Ubani noted that he anticipated INEC’s decision to challenge the judgment, explaining that the commission may either comply with the ruling or seek judicial clarification through the appellate courts.
“That it is either INEC will obey that judgment or probably appeal,” he said, adding that the electoral body may believe its administrative measures should not be invalidated where they are designed to improve electoral efficiency and orderliness.
However, he maintained that the legal principle governing the dispute remains clear.
“A subsidiary legislation should not be superior to the superior enactment that actually gave birth to it,” Ubani stated, stressing that administrative guidelines cannot override statutory provisions established by law.
He explained that the dispute largely revolves around Section 29 of the Electoral Act, which governs timelines and procedures relating to political parties and candidate submissions ahead of elections.
According to him, the Federal High Court found fault with INEC’s guideline fixing a May deadline for submission of party registers because it effectively reduced political rights already guaranteed under 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 explained.
Ubani argued that although INEC possesses constitutional authority to regulate elections and issue guidelines, such powers must operate strictly within the limits of the Constitution and Electoral Act.
He noted that where there is inconsistency between an administrative regulation and a statutory provision, the courts are empowered to nullify the offending guideline.
“There is no time administrative guideline can override a substantive law,” he said while explaining the hierarchy of laws in Nigeria, placing the Constitution at the apex, followed by Acts of the National Assembly and thereafter subsidiary legislation or administrative regulations.
While acknowledging that INEC may have acted in good faith to ensure timely election preparation, Ubani insisted that good intentions cannot lawfully abridge rights already guaranteed under existing legislation.
“If you ask me, there is some sense in what the court said,” he noted, adding that from a public interest perspective, the lower court’s reasoning appears legally defensible.
The senior lawyer further observed that the Electoral Act still retains the statutory 120-day framework for submission of candidates, stressing that such provisions remain binding unless formally amended by the National Assembly.
Ubani also dismissed assumptions that INEC’s application for stay of execution automatically suspends the judgment, clarifying that courts must first evaluate the merit of such applications before granting relief.
According to him, the appellate court may instead choose to accelerate hearing of the substantive appeal because of the national importance and time-sensitive nature of electoral matters.
He also clarified that until a contrary judicial pronouncement is made, politicians remain legally free to switch political parties.
“The window remains open,” he stated.
Ubani, however, lamented Nigeria’s weak ideological political culture, arguing that frequent defections have become a symptom of opportunistic politics rather than value-driven democratic engagement.
According to him, political parties in Nigeria are often treated merely as “vehicles to attain power” rather than ideological institutions built on principles and policy direction.
He warned that the trend of frequent defections continues to weaken opposition structures, distort accountability and undermine democratic development.
During the interactive segment of the programme, callers expressed concerns over what they described as rampant party-switching among politicians, citing recent defections involving lawmakers and political actors across several states.
One caller described the trend as “democracy being raped,” a position Ubani partly agreed with while insisting that the deeper crisis lies in Nigeria’s political orientation and civic culture.
He argued that even where laws are strengthened, democratic stability would remain difficult without ideological discipline and political reorientation among both leaders and citizens.
Ubani further suggested that broader legislative reforms could eventually empower INEC with clearer regulatory authority, but insisted that such reforms must still comply with constitutional standards and electoral rights protections.
He also criticised Nigeria’s restrictive approach to public interest litigation, arguing that courts often require excessive proof of personal injury before allowing citizens challenge issues affecting collective democratic interests.
On the possibility of the matter proceeding beyond the Court of Appeal, Ubani stated that the constitutional sensitivity of the dispute makes it likely to eventually reach the Supreme Court.
According to him, electoral cases involving constitutional interpretation are usually fast-tracked because of their direct implications for national stability and democratic continuity.
He maintained that the current legal battle provides another opportunity for Nigerian courts to further clarify the balance between administrative efficiency and constitutional legality in electoral governance.
Ubani concluded by warning that without stronger institutions, ideological clarity and greater civic responsibility, Nigeria’s democratic system may continue to face recurring instability ahead of future election cycles.
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