A political party, the Action Peoples Party, has applied to the
Federal High Court in Abuja to be joined as a defendant in the suit
filed by the Accord Party to challenge the constitutionality of the
ongoing amendment to the Electoral Act by the National
Assembly.
The Electoral Act (Amendment) Bill, 2018 seeks to provide the
order in which INEC must conduct the 2019 general elections,
contrary to the sequence earlier announced by the electoral
body.
The bill has been passed by the two chambers of the National
Assembly but President Muhammadu Buhari refused to sign it into
law.
There had been threats by some legislators that the National
Assembly would make the bill a law by overriding the President’s
veto with two-third majority votes of both chambers.
But the trial judge, Justice Ahmed Mohammed, following an oral
application by the Accord Party’s lawyer, Chief Wole Olanipekun
(SAN), on Thursday, ordered parties to the suit, to stop taking any
further actions on the bill pending the hearing of the plaintiff’s
motion for an interlocutory injunction.
The judge adjourned till March 20.
The Accord Party is by its suit, marked FHC/ABJ/CS/232/2015, and
filed March 7, 2018, challenging the constitutionality of the
ongoing amendment to the Electoral Act.
The National Assembly, the Attorney General of the Federation
and INEC are currently the three defendants on record in the
suit.
But the Action Peoples Party filed an application on Friday
seeking to be joined as the 4th defendant in the suit.
The APP argued that it “is a necessary party in the suit filed
by the Accord Party.”
Indicating its interest to oppose the suit, the APP stated that
the Accord Party was by its suit, “seeking to restrain the National
Assembly from performing its constitutional legislative duty of
overriding the President for refusing to assent to the bill.”
In its application filed by its lawyer, Mr. Kingdom Okere, the
APP is seeking the court’s leave to be joined in the suit on the
grounds that it is a registered political party and has a right to
sponsor candidates for the 2019 general elections.
While contending that the court lacked the power to stop the
National Assembly from carrying out its constitutional lawmaking
duties, it added that the elections reordering sought to be
achieved by the bill would guarantee free and fair elections.
The APP said, “The party seeking to be joined believes strongly
in the tenets of the rule of law and separation of powers as
enshrined in the Constitution of the Federal Republic of Nigeria
and believes that it is within the constitutional responsibility of
the National Assembly to make laws in Nigeria, including law
setting the sequence of elections.
“The party seeking to be joined believes strongly that sequence
of election is different from date of election, which the
Independent National Electoral Commission has the constitutional
discretion to fix.
“The party seeking to be joined believes strongly that no court
of law has the constitutional power to stop the National Assembly
from performing its constitutional duty of lawmaking, but rather
the outcome or product of the legislative powers of the National
Assembly can be challenged in the court of law by way of judicial
interpretation.
“The party seeking to be joined believes strongly that
reordering election sequence as contained in the 2018 amended
Electoral Bill which was rejected by the President of the Federal
Republic of Nigeria and the subject matter of this suit will
guarantee free and fair elections.
“The party seeking to be joined will be affected by the outcome
of this suit.
“Joining the party seeking to be joined is just and will
eliminate filling/duplication of similar court actions on the same
subject matter and thereafter seeking leave of the Hon. court to
consolidate them.”
The party contented that it would be in the interest of justice
to join it in the suit “since the outcome will affect the conduct
of the 2019 general elections and the participation of political
parties.”
It added, “The party seeking to be joined believes that the 2018
amended Electoral Bill, which was rejected by the President and
which is the subject matter of this suit, will guarantee a
level-playing field for all political parties and cure the
bandwagon effect of the party that wins the presidential election
recording undue landslide victory in other elections and thereby
jeopardising the chances of other political parties.
“In a presidential election, the entire country is the
constituency of the presidential candidates and it makes more sense
and accords with reason that the processes be tested with elections
at various other levels before the presidential election.
“That the President and the ruling All Progressives Congress
should not be afraid of the sequence of 2019 elections since they
have boasted to have performed excellently as the government in
power and that they are sure that Nigerians will reelect them
whenever election is conducted.”
A political party, the Action Peoples Party, has applied to the
Federal High Court in Abuja to be joined as a defendant in the suit
filed by the Accord Party to challenge the constitutionality of the
ongoing amendment to the Electoral Act by the National
Assembly.
The Electoral Act (Amendment) Bill, 2018 seeks to provide the
order in which INEC must conduct the 2019 general elections,
contrary to the sequence earlier announced by the electoral
body.
The bill has been passed by the two chambers of the National
Assembly but President Muhammadu Buhari refused to sign it into
law.
There had been threats by some legislators that the National
Assembly would make the bill a law by overriding the President’s
veto with two-third majority votes of both chambers.
But the trial judge, Justice Ahmed Mohammed, following an oral
application by the Accord Party’s lawyer, Chief Wole Olanipekun
(SAN), on Thursday, ordered parties to the suit, to stop taking any
further actions on the bill pending the hearing of the plaintiff’s
motion for an interlocutory injunction.
The judge adjourned till March 20.
The Accord Party is by its suit, marked FHC/ABJ/CS/232/2015, and
filed March 7, 2018, challenging the constitutionality of the
ongoing amendment to the Electoral Act.
The National Assembly, the Attorney General of the Federation
and INEC are currently the three defendants on record in the
suit.
But the Action Peoples Party filed an application on Friday
seeking to be joined as the 4th defendant in the suit.
The APP argued that it “is a necessary party in the suit filed
by the Accord Party.”
Indicating its interest to oppose the suit, the APP stated that
the Accord Party was by its suit, “seeking to restrain the National
Assembly from performing its constitutional legislative duty of
overriding the President for refusing to assent to the bill.”
In its application filed by its lawyer, Mr. Kingdom Okere, the
APP is seeking the court’s leave to be joined in the suit on the
grounds that it is a registered political party and has a right to
sponsor candidates for the 2019 general elections.
While contending that the court lacked the power to stop the
National Assembly from carrying out its constitutional lawmaking
duties, it added that the elections reordering sought to be
achieved by the bill would guarantee free and fair elections.
The APP said, “The party seeking to be joined believes strongly
in the tenets of the rule of law and separation of powers as
enshrined in the Constitution of the Federal Republic of Nigeria
and believes that it is within the constitutional responsibility of
the National Assembly to make laws in Nigeria, including law
setting the sequence of elections.
“The party seeking to be joined believes strongly that sequence
of election is different from date of election, which the
Independent National Electoral Commission has the constitutional
discretion to fix.
“The party seeking to be joined believes strongly that no court
of law has the constitutional power to stop the National Assembly
from performing its constitutional duty of lawmaking, but rather
the outcome or product of the legislative powers of the National
Assembly can be challenged in the court of law by way of judicial
interpretation.
“The party seeking to be joined believes strongly that
reordering election sequence as contained in the 2018 amended
Electoral Bill which was rejected by the President of the Federal
Republic of Nigeria and the subject matter of this suit will
guarantee free and fair elections.
“The party seeking to be joined will be affected by the outcome
of this suit.
“Joining the party seeking to be joined is just and will
eliminate filling/duplication of similar court actions on the same
subject matter and thereafter seeking leave of the Hon. court to
consolidate them.”
The party contented that it would be in the interest of justice
to join it in the suit “since the outcome will affect the conduct
of the 2019 general elections and the participation of political
parties.”
It added, “The party seeking to be joined believes that the 2018
amended Electoral Bill, which was rejected by the President and
which is the subject matter of this suit, will guarantee a
level-playing field for all political parties and cure the
bandwagon effect of the party that wins the presidential election
recording undue landslide victory in other elections and thereby
jeopardising the chances of other political parties.
“In a presidential election, the entire country is the
constituency of the presidential candidates and it makes more sense
and accords with reason that the processes be tested with elections
at various other levels before the presidential election.
“That the President and the ruling All Progressives Congress
should not be afraid of the sequence of 2019 elections since they
have boasted to have performed excellently as the government in
power and that they are sure that Nigerians will reelect them
whenever election is conducted.”
Read more https://nairalaw.com/app-seeks-to-join-electoral-act-amendment-suit/