The Federal High Court in Abuja on Wednesday ordered the
National Assembly to stop taking any further actions on the
Electoral Act (Amendment) Bill 2018, which seeks to provide the
order in which the Independent National Electoral Commission must
conduct the 2019 general elections.
The restraining order issued by Justice Ahmed Mohammed is to
last till March 17, which is the next hearing date.
Delivering ruling on an oral application by Chief Wole
Olanipekun (SAN), lawyer to the plaintiff, Accord Party, Justice
Mohammed held that the restraining order was made to preserve the
substance of the main suit.
President Muhammadu Buhari had, on Tuesday, informed the
National Assembly that he had withheld his assent to the bill which
was earlier passed by both chambers of the National Assembly.
There have been threats by some legislators that the National
Assembly would evoke its powers under Section 58(5) of the
Constitution to override the President’s withholding of assent by
two-thirds majority votes of both chambers.
The oral application by Olanipekun for a “preservative order”
was opposed by the counsel representing the National Assembly,
Chinelo Ogbozor, during Wednesday’s proceedings.
The Attorney-General of the Federation, the second defendant to
the suit, was not represented by a counsel.
But INEC, the third respondent, was represented by its lawyer,
Mr. Taminu Inuwa, who said he had no objection to the
application.
Ruling, the judge held that the National Assembly was not likely
to suffer any prejudice if it was restrained from going ahead with
the amendment processes before the next hearing date.
He added that on the other hand, if no restraining order was
issued and the National Assembly went ahead to exercise its powers
under Section 58(5) of the Constitution by overriding the
President’s withholding of assent, the essence of the whole suit
would have been defeated.
The judge therefore ordered all parties to maintain the “status
quo.”
He fixed Tuesday for the hearing of the motion for the
interlocutory injunction, the same order which was granted during
the Wednesday’s proceedings but would likely last till the final
determination of the suit if the application succeeds.
The Accord Party is, by its suit, challenging the
constitutionality of the ongoing amendment of the Electoral
Act.
The Federal High Court in Abuja on Wednesday ordered the
National Assembly to stop taking any further actions on the
Electoral Act (Amendment) Bill 2018, which seeks to provide the
order in which the Independent National Electoral Commission must
conduct the 2019 general elections.
The restraining order issued by Justice Ahmed Mohammed is to
last till March 17, which is the next hearing date.
Delivering ruling on an oral application by Chief Wole
Olanipekun (SAN), lawyer to the plaintiff, Accord Party, Justice
Mohammed held that the restraining order was made to preserve the
substance of the main suit.
President Muhammadu Buhari had, on Tuesday, informed the
National Assembly that he had withheld his assent to the bill which
was earlier passed by both chambers of the National Assembly.
There have been threats by some legislators that the National
Assembly would evoke its powers under Section 58(5) of the
Constitution to override the President’s withholding of assent by
two-thirds majority votes of both chambers.
The oral application by Olanipekun for a “preservative order”
was opposed by the counsel representing the National Assembly,
Chinelo Ogbozor, during Wednesday’s proceedings.
The Attorney-General of the Federation, the second defendant to
the suit, was not represented by a counsel.
But INEC, the third respondent, was represented by its lawyer,
Mr. Taminu Inuwa, who said he had no objection to the
application.
Ruling, the judge held that the National Assembly was not likely
to suffer any prejudice if it was restrained from going ahead with
the amendment processes before the next hearing date.
He added that on the other hand, if no restraining order was
issued and the National Assembly went ahead to exercise its powers
under Section 58(5) of the Constitution by overriding the
President’s withholding of assent, the essence of the whole suit
would have been defeated.
The judge therefore ordered all parties to maintain the “status
quo.”
He fixed Tuesday for the hearing of the motion for the
interlocutory injunction, the same order which was granted during
the Wednesday’s proceedings but would likely last till the final
determination of the suit if the application succeeds.
The Accord Party is, by its suit, challenging the
constitutionality of the ongoing amendment of the Electoral
Act.