Can INEC Guidelines Rank Above the Electoral Act? SAN Sparks Fresh Constitutional Debate. 

A fresh constitutional debate has emerged over the powers of the Independent National Electoral Commission (INEC) following comments by Senior Advocate of Nigeria, Oba Maduabuchi, who argues that INEC's guidelines should carry greater legal weight than provisions of the Electoral Act when it comes to the conduct of elections.

The argument, made during an interview on ARISE News while discussing a recent Federal High Court decision relating to preparations for the 2027 General Elections, raises a fundamental question: Where does the Electoral Act end and INEC's constitutional authority begin?

According to Maduabuchi, the Constitution grants INEC exclusive powers to organise, undertake and supervise elections. In his view, regulations and guidelines issued by the Commission pursuant to those constitutional powers should not be treated merely as administrative directives but as binding instruments capable of shaping how elections are conducted.

The position is already generating discussion among election law observers and constitutional scholars, particularly because it touches on the delicate relationship between the Constitution, Acts of the National Assembly, and subsidiary legislation issued by regulatory bodies.

As Nigeria gradually turns its attention to the 2027 electoral cycle, the debate may prove significant in defining the extent of INEC's independence and the legal force of its electoral regulations.