25 April 2018

Nigeria: Court Nullifies National Assembly's Amendment of Electoral Act

Photo: BusinessDay/Twitter
Nigeria's 2019 presidential election.

An Abuja Division of the Federal High Court has nullified the amendment of Section 25 of the Electoral Act, which was passed in February by the National Assembly.

In a judgement on Wednesday, the court presided by Justice Ahmed Mohammed ruled that only the Independent National Electoral Commission (INEC) had the powers to create an election template for the country.

The judge also ruled that any attempt by the National Assembly to amend the Section 25, as done by the legislature, would first require an amendment of the constitution.

The Accord Party filed the application after both chambers of the National Assembly attempted to implement Section 58 of the constitution which allows the legislature to override the decision of the president.

The party asked the the court to determine if INEC was not solely empowered to carry out its function of overseeing the election timetable in Nigeria.

The application by Accord Party was part of events that trailed the decision of the National Assembly to reorder the sequence of the 2019 general elections, putting the presidential election last.

This development initiated a series of controversies in the polity with some senators of the ruling All Progressives Congress (APC) saying it was targeted at Mr. Buhari, to prevent his re-election.

Both chambers of the National Assembly, though dominated by the APC, amended the order of the election. The proposed sequence of elections would make the National Assembly election come first in 2019, followed by governorship and state Houses of Assembly, and presidential as last.

That was against the sequence rolled out by Independent National Electoral Commission (INEC) late 2017, which put presidential and National Assembly elections first and governorship and state assembly to follow.

President Muhammadu Buhari had on March 13 refused assent to the bill, after it was forwarded to his office. He had said the amendments if allowed to pass violate parts of the constitution.

Shortly after the bill was refused by the president, the Federal High Court restrained the Senate from proceeding with further actions on the matter.

Nigeria

Obasanjo Should Keep Quiet, Says Former Speaker Na'abba

Last Sunday, the presidency came up with allegations of connivance by some businessmen, the police and other security… Read more »

See What Everyone is Watching

Copyright © 2018 Premium Times. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 800 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.