Election sequence: Appeal Court overrules lower court, says suit premature

The Court of Appeal, Abuja, yesterday reversed the judgement by the Federal High Court, Abuja which voided Section 25 in the Electoral Act (Amendment) Bill 2018, seeking to dictate the sequence of the 2019 general elections.
The suit, instituted by the Accord Party, is challenging the National Assembly’s attempt to usurp the exclusive power of the Independent National Electoral Commission (INEC) by seeking to dictate the sequence of elections.
Justice Ahmed Mohammed of the Federal High Court, Abuja had, in a judgment on April 25 this year, upheld the argument of the Accord Party that the National Assembly lacks the power to order the sequence of the elections.
However, in its judgment yesterday, the five-man panel of the Court of Appeal, led by its President, Justice Zainab Bulkachuwa, set aside the lower court’s ruling.
Justice Bulkachuwa, in the lead judgment, held that the Federal High Court erred in law by hearing the suit, because it (the suit) was premature.
The court said the provision of a Bill could not be challenged in court until it becomes an Act.
The appellate court also held that the plaintiff lacked the locus standi to institute the suit, because the disputed provision of the Bill did not affect its rights or obligations as a political party.
The panel further noted that the “general interest” which is available to the public, did not confer on Accord Party, the rights to challenge the provision of the Electoral Act (Amendment) Bill 2018.
Saraki reacts And in a reaction, Senate President Abubakar Bukola Saraki, has praised the judgement.
In a statement his Special Adviser (Media and Publicity), Yusuph Olaniyonu, in Abuja, Saraki said the judgement has further reinforced the belief of Nigerians that the judiciary remains the hope of the country in strengthening democracy, resolving conflicts between various arms and levels of government as well protecting the rights of individuals.
He added that with the judgement, it is now clear that the National Assembly was right when it passed the bill stating the sequence of elections and that the legislature reversed its decision on the issue, after President Muhammadu Buhari refused assent to the bill, in the interest of peace and to forestall any legal obstacle on the way of the 2019 elections.
“I have always believed in the need to test our laws in court by seeking judicial interpretations on contentious issues.
By doing so, we will be expanding the scope of our laws, sharpening the rough edges of legislation and asserting our faith in the judiciary as a fundamental arbiter”, he stated.