A Federal High Court in Abuja on Wednesday voided a new provision in the Electoral Act (Amendment) Bill 2018, passed recently by the National Assembly.
The bill seeks to reverse the 2019 elections sequence earlier announced by the Independent National Electoral Commission (INEC).
Justice Ahmed Mohammed held in a judgment that the powers to organise, conduct and fix dates for elections reside only with INEC by virtue of the provisions of the Constitution.
Justice Mohammed said the passage of the bill, which seeks to alter the election time table earlier released by INEC was a breach of the Constitution and the doctrine of separation of powers.
The judgement was on the suit filed by Accord Party (AP), challenging the legitimacy of the Electoral Act (Amendment) Bill 2018, to which President Muhammadu Buhari declined to assent.
The judge resolved the only issue he identified for determination in favour of the plaintiff.
The issue was:
“Whether the 1st defendant was justified in law in passing the Electoral Act Amendment Bill 2018, which Bill sought to reverse the sequence or time table of the 2019 general elections already issued and published by the 3rd defendant.”
The judge agreed with the plaintiff’s lawyer, Wole Olanipekun (SAN), that it is the sole responsibility of the 3rd defendant to conduct elections into the various offices mentioned above.
He added that in doing so, the 3rd defendant has the power of determining the sequence of the elections including fixing date for same.
“I am left with no doubt that, in passing the Electoral Act (amendment) Bill 2018, the 1st defendant was in clear breach of the provision of Paragraph 15(a) of the 3rd Schedule to the 1999 Constitution (As Amended).
“In this regard, I find comfort in the interpretation of Paragraph 15(a) of the 3rd Schedule to the Constitution given in the case of NDP vs. INEC (supra) to the effect that INEC, the 3rd defendant in this case, has the constitutional responsibility of organising and conducting an election, and to that effect, it can issue time table and it can also decide when election will hold.
“Now, since the 3rd defendant has already fixed the dates for the 2019 elections, it is the only body that can change the dates.”