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Court voids moves by lawmakers to re-order election timetable

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Court voids moves by lawmakers to re-order election timetable

A Nigerian court on Wednesday, presided over by Justice Ahmed Mohammed, voided moves by the legislative arm of government to re-order the nation’s election timetable.

In nullifying clause 25 section 15 of the electoral amendment bill, the court also ruled that the National Assembly lacked the powers to override the actions of INEC.

The National Assembly in a bill it recently sent to President Muhammadu Buhari for his assent, which he declined, sought to re–order the 2019 election sequence.

In a bid to stop them, the Accord Party had filed a suit before the court, challenging the lawmakers’ move to alter the order of elections after INEC had announced dates for elections.

In its ruling on the matter, Justice Mohammed held, “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 fix dates for elections.”

Noting that the move came after INEC had already released its timetable for the 2019 elections, the judge said that the move by the lawmakers was in clear breach of paragraph 15a of the 3rd Schedule of the 1999 Constitution, as amended.

He went further to say that the right constitutionally vested on INEC could not be removed by the National Assembly through its belated process to amend the Electoral Act.

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The court therefore nullified section 25 of the Electoral Act Amendment Bill, 2018, for which the lawmakers sought to alter sequence for the the general elections.

The court held that it was no longer necessary to compel President Muhammadu Buhari to reject the 2018 Amended Electoral Act since he had already withheld his assent to it.

Neither the Senate nor the House of Representatives is yet to react to the court ruling, and it is unclear at this time, if they would appeal the ruling.

 

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