2019 elections: You cannot re-order election sequence, court tells NASS

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7 years ago

JUSTICE Ahmed Ramat Mohammed of the Federal High Court in Abuja on Wednesday told the National Assembly that it has no power to dictate to the Independent National Election Commission (INEC) on the order in which the 2019 general elections should be conducted.

Justice Mohammed, in a judgment delivered yesterday in the suit brought before him by the Accord, challenging the Electoral Act (Amendment) Bill, 2018, which President Muhammadu Buhari withheld his assent to, also held that the electoral body has the sole responsibility to organise and conduct elections in the country.

“It is the sole responsibility of the third defendant (INEC) to organise, fix dates and conduct elections, including fixing of dates for the elections.

“The power of INEC to organise and conduct elections in this country cannot be taken away by the Electoral Act”, he said.

Justice Mohammed observed that, at the time the Electoral Amendment Bill 2018 was passed by the National Assembly, INEC had already fixed the dates for the 2019 general elections and held that the National Assembly clearly acted in breach of the principle of separation of powers.

The Judge said, “After perusing submissions of counsel in this matter, I declare Section 25 of the Electoral Act 2018, which is the section that contravenes the provisions of the constitution, a nullity.

Earlier, Justice Mohammed over-ruled the objections of the defendants to the Originating Summons of the Plaintiff and held that the Plaintiff has the locus stand to institute the legal action as its affidavit evidence shows that, it is a registered political party in the country.

He also held that the Plaintiff’s case is not academic and also not an abuse of the process of the court.

“The Plaintiff’s suit seeking for the interpretation of certain provisions of the constitution cannot be said to be an abuse of the process of the court”, he said.

Accord had, through its counsel, Chief Wole Olanipekun (SAN) approached the court with a suit challenging the Electoral Act (Amendment) Bill, 2018, which President Muhammadu Buhari withheld his assent to.

In the Plaintiffs originating summons, the court was urged to declare that the legislative powers vested in the National Assembly by the constitution do not empower it with the right or authority to dictate to INEC the way and manner it should organise, undertake and supervise elections to the offices of the President, Vice President, the Governor and Deputy Governor of a state as well as federal and state legislators, among other declarations.