9th NASS Elections: Court Orders NASS Clerk, Others To Use Open Ballot System

AHEAD Tuesday’s elections for presiding officers of the 9th
Assembly, Abuja High Court presided over by Justice O.A.Musa, has
granted an interim injunction restraining the clerk of the National
Assembly, the Clerk of the Senate and the Sergeant At Arms to the
Senate and others from relying or enforcing the Senate standing
orders 2015 (as amended) in the conduct of election of Presiding
officers of the Senate of the 9th Assembly, pending the
determination of this suit.

The court however ordered the Senate to apply the Senate
Standing Orders 2011 (as amended) by the Senate on the 24th May,
2011 which prescribed the use of open ballot rather than secret
ballot mode in the election of presiding officers of the
Senate.

The order in suit number FCT/HC/BW/CV/136/2019 with Motion NO
M/266/2019, was given after the court read the motion on notice and
the accompany affidavit of Senator Jibrin Barau filed by his
Counsel Ebere Nwanya Esq.

It will be recalled that the APC senators had faulted the use of
Senate standing orders 2015 (as amended) which they argued the
former leadership of the Senate smuggled in the use of secret
ballot mode for voting without the approval of members of the
Senate.

They argued that the matter is still before the court,
therefore, the standing orders 2015 of the Senate (as amended)
cannot be applied in today’s voting until the matter is decided by
the court.

However the High Court of the Federal Capital Territory, Court
No 13, Bwari, Abuja, ordered that “an order of interim injunction
restraining the respondents and each of them, whether by
themselves, servants or agents or otherwise from further using,
relying or enforcing the Senate standing orders 2015 (as amended)
for the purposes of conducting any legislative business or affairs
in the 9th senate of the Federal Republic of Nigeria including but
not limited to the election of Presiding officers of the Senate to
commence on the 11th of June, 2019 and any other day pending the
hearing and determination of the Originating Motion in this
case.

“An interim order restraining the 1st & 2nd Respondents and
each of them whether by themselves or otherwise not to use any
other Senate standing orders for the inauguration of the 9th
Assembly whatsoever including but limited to the election of
Presiding officers of the Senate on Tuesday, 11th June 2019 and any
other day except the senate standing Orders 2011 (as amended) by
the Senate on the 24th May, 2011.

“As the order was heard and made ex-parte any party aggrieved
shall file a motion to set aside or vacate the said order and serve
same on the Applicant or counsel before the next adjourned
date”.

The court, therefore, adjourned to 13th day of June, 2019 for
definite hearing.

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