4 political parties ask court to stop Buhari from signing 2018 Electoral Bill

The suit by the four political parties is praying the court
to determine whether the president can proceed to assent to the
Electoral Bill 2018…

A Federal High Court in Abuja has been asked by four registered
political parties to stop President Muhammadu Buhari from giving
his assent to the amended Electoral Bill 2018.

Also listed as defendants in the suit are the Senate President,
the Speaker of the House of Representatives, the Chairman,
Independent National Electoral Commission (INEC) and the
Attorney-General of the Federation.

In the suit marked FHC/ABJ/CS/1469/18, the Advanced People’s
Democratic Alliance (APDA), Allied Peoples Movement, (APM) and
Movement For Restoration and Defence of Democracy (MRDD), under the
aegis of Forum of Presidential Candidates, are contending that the
president’s assent to the 2018 Electoral Bill will truncate the
2019 general elections.

Chairman of the Forum, Shitu Mohammed Kabir, who is also the
presidential candidate of APDA, described the bill as “a stumbling
blocks against a free, fair elections.”

Kabir, who addressed newsmen, yesterday, in Abuja, argued that
the time was rather too close to the election to enable INEC train
its staff on how to handle the electronic devices, cautioning the
electoral umpire not to postpone the elections.

He expressed worry that those pushing for assent may unwittingly
derail the electoral calendar if INEC should adjust its programmes
to accommodate the personnel, budget and other logistics in the
guise of abiding with the provisions of the new law.

He picked hole in the provision of sections 84-87 which he
claimed could weaken the powers of political party executives on
party primaries and choices of candidates.

“My concern is how to avoid unnecessary litigations and protect
the sanctity of the electoral process,” he noted.

Regardless of the suit, the Presidency has urged Nigerians to
disregard rumours suggesting that President Buhari will not sign
the controversial Electoral Bill.

According to the Senior Special Assistant to the President on
National Assembly Matters (Senate), Senator Ita Enang, Buhari was
still operating within the time frame allowed by the Constitution
to either sign the bill or withhold his assent.

By the provision of the constitution, the president is to either
sign or write the National Assembly within 30 days of a piece of
legislation being transmitted to him, conveying his reasons to
withhold his assent.

Buhari had three times rejected the bill, the last time being
August 30, when he returned it to the National Assembly.

The lawmakers amended the areas the president raised objections
to and sent it back to him for his assent on November 7.

“The president is still within the time stipulated to take his
decision. There is no basis for any speculation, whether he will
sign or not sign. He is still within time the law allows,” the
presidential aide said.

However, the suit by the four political parties dated December
3, is praying the court to determine whether the president (1st
defendant) can proceed to assent to the Electoral Bill 2018
forwarded to him by the National Assembly to be used for the
conduct of the 2019 general election when there is no more adequate
time for the manifestation of the proposed act.

They also asked the court to determine whether assenting to the
Electoral Amendment Bill 2018, now will not truncate the 4th
respondent (INEC) from ensuring proper conduct at 2019 general
election considering the fact that the notice of election was
initiated in line with the Electoral Act 2010 as amended.

They asked the court to determine the following reliefs: A
declaration that the assenting of the bill will truncate the 2019
General Election.

An order of this court stopping the first Defendant from
assenting to the Electoral Amendment bill 2018.

In the affidavit in support of the suit deposed to by Kabir, the
plaintiffs said the Electoral Act 2010 as Amended was done sequence
to the 2015 general election adding that the purpose was to among
other things provide adequate time for the 4th respondent to issue
notice of election, receive nomination of candidates from political
parties and ensure the proper conduct of political parties.

According to the plaintiffs, the Act has been used by the 4th
respondent to conduct the 2015 general Election into various
political offices in Nigeria.

He further said that the Act has been used to issue notice for
the 2019 General Election.

He said in the affidavit in support of the originating
summon:

*That I also know as a fact. that electoral Act 2010 as amended
has been adopted/used by all the registered political parties to
conduct their primary election into all the political elective
offices in preparation for the 2019 general election coming up in
February. 2019.

*That I know as a fact that the process leading to the conduct
of the 2019 general elections was initiated and substantially
consummated on the basis of 2010 Electoral Act.

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