Appeal Court backs Nat’l Assembly on poll re-ordering

The Court of Appeal in Abuja on Wednesday upheld an appeal brought before it by the National Assembly over a judgement given by an Abuja Federal High Court nullifying its attempt to ‘re-order the 2019 General elections.

According to the appellate court, the High Court lacked jurisdiction to entertain the suit in the first instance adding that the Accord Party, which filed the original suit, lacked the locus standi to do so.

It would be recalled that the High Court had given judgement against the National Assembly on April 25, 2018, striking down its election re-ordering provision of the Electoral Act (Amendment) Bill 2018.

The legislature later removed the ‘re-ordering provision before sending it to President Muhammadu Buhari for assent.

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Delivering her lead judgement, the President of the Court of Appeal, Justice Zainab Bulkachuwa, who led a five man panel, held that the suit was premature as a bill could not be challenged in the law court until it became an Act.

She also held that since the bill does not affect the rights of Accord Party or its obligations, the party lacked locus standi to institute the suit.

 

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