Justice Ahmed Ramat Mohammed of the Federal High Court in Abuja has told the National Assembly that it has no power to dictate to the Independent National Election Commission (INEC) the order in which the 2019 general elections should be conducted.
Justice Mohammed, in a judgment delivered Wednesday in the suit brought before him by the Accord Party, challenging the Electoral Act (Amendment) Bill, 2018, which President Muhammadu Buhari withheld his assent to, also held that the electoral body has the sole responsibility to organise and conduct elections in the country.
“It is the sole responsibility of the third defendant (INEC) to organise, fix dates and conduct elections, including fixing of dates for the elections.
“The power of INEC to organise and conduct elections in this country cannot be taken away by the Electoral Act,” he said.
Justice Mohammed observed that, at the time the Electoral Amendment Bill 2018 was passed by the National Assembly, INEC had already fixed the dates for the 2019 general elections and held that the National Assembly clearly acted in breach of the principle of separation of powers.
The Judge said: “After perusing submissions of counsel in this matter, I declare Section 25 of the Electoral Act 2018, which is the section that contravenes the provisions of the constitution, a nullity.
Earlier, Justice Mohammed over-ruled the objections of the defendants to the Originating Summons of the Plaintiff and held that the Plaintiff has the locus stand to institute the legal action as its affidavit evidence shows that, it is a registered political party in the country.
He also held that the Plaintiff’s case is not academic and also not an abuse of the process of the court.
“The Plaintiff’s suit seeking for the interpretation of certain provisions of the constitution cannot be said to be an abuse of the process of the court,” he said.