A Federal High Court sitting in Abuja yesterday declared as illegal the controversial section 25 of the Electoral Act Amendment bill, 2018, dealing with the reordering of the 2019 election sequence. It would be recalled that Accord party had in a suit filed before the court challenged the constitutionality of the proposed amendment of the Electoral Act by the National Assembly.
Delivering his judgement yesterday, Justice Ahmed Mohammed held that the Independent National Electoral Commission (INEC) “is the only institution or body constitutionally vested with the powers and vires to organised, undertake and supervised elections to the offices of the President, the Vice President of the Federal Republic of Nigeria, the Governor and deputy governor of a state, the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation, including fixing the sequence and dates of the elections to the said offices.” “I am persuaded by argument of the plaintiff that it is the sole responsibility of the 3rd defendant (INEC) to conduct elections, and further in doing so, the 3rd defendant has the power to fi x dates for elections,” he held.
He noted that the NASS commenced moves to amend the Electoral Act after INEC had already released its timetable for the 2019 elections.
The court held that action of the NASS was in clear breach of paragraph 15a of the 3rd Schedule of the 1999 Constitution, as amended. According to him, the right that was constitutionally vested on INEC could not be removed by the NASS through its belated process to amend the Electoral Act.
Consequently, the court granted reliefs 1 to 10 that were sought by the Accord Party which was the plaintiff in the matter, even as it nullified Section 25 of the Electoral Act Amendment Bill, 2018, which sought to alter the sequence for the forthcoming general elections.
