"No one but INEC Can Fix Election Dates" Court Says As It Voids Legislators' Actions

National Assembly

A Federal High Court in Abuja has invalidate Clause 25 of the Electoral Act (Amendment) Bill, 2018, which looks to turn around the arrangement of the direct of the 2019 decisions prior declared by the Independent National Electoral Commission (INEC).


Equity Ahmed Mohammed, in a judgment on Wednesday, held that the forces to sort out, lead and fix dates for races lives just with INEC by excellence of Section 15(a) of the third Schedule to the Constitution.

Equity Mohammed said the entry of the Bill, which looks to modify the decision time table prior discharged by INEC was a rupture of the Constitution and the principle of detachment of forces.

The judgment was on the suit by Accord Party (AP), testing the authenticity of the Electoral Act (Amendment) Bill, 2018, to which President Muhammadu Buhari declined to consent.

Equity Mohammed addressed every one of the inquiries raised the suit for assurance for the offended party and allowed every one of the reliefs by the looked for offended party, with the exception of 11(1) which tried to limit President Muhammadu Buhari from stating to the Bill.

The judge noticed that conceding such supplication was not any more fundamental since the President has just declined marking the Bill.

Before deciding the primary suit, the judge prior rejected the preparatory complaint recorded by the National Assembly (first respondent) in which they contended among others that the suit was not justiciable, that the offended party were without the imperative locus standi and that the suit was scholarly.

Equity Mohammed couldn't help contradicting the first respondent on every one of the grounds brought up in the preparatory complaint.