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A Federal High Court in Abuja, Wednesday, stopped the National Assembly from re-ordering the sequence of the 2019 general election.
The court said that National Assembly has no power to dictate to the Independent National Election Commission (INEC) on the order in which the 2019 general elections or any election should be conducted.
Justice Ahmed Mohammed, delivering a judgment in the suit filed by the Accord Party, 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 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 standi 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 Party had, through its counsel, Chief Wole Olanipekun (SAN) had approached the court with a suit challenging the Electoral Act (Amendment) Bill, 2018, which President Muhammadu Buhari withheld his assent to.
Felix Omohomhion, Abuja
