INEC Chairman Prof.Jega A Federal High Court sitting in Abuja yesterday restrained the Independent National Electoral Commission (INEC) from conducting Saturday’s governorship election in Cross River State.
Justice Abdul Kafarati issued the order following an exparte application filed and argued by Mr. Nmerengwa Alozie, counsel to the All Nigeria Peoples Party (ANPP) and its governorship candidate, Dr. Obol Patrick Okomiso.
The Judge ordered INEC to come on Thursday for its defence.
The plaintiffs argued that conducting the election on Saturday instead of the April 14 earlier fixed is illegal and unconstitutional.
According to them, the new date is in conflict with the mandatory timetable set by the Electoral Act for submission of names and addresses of party candidates for the election.
They argued that INEC had no legal justification whatsoever to bring forward the date of the said election.
They said: “Apart from the inconvenience to the parties of suddenly shortening the period they had already taken for granted as available for their preparations for the election, the abridgment of time is ultra vires, null and void and would be a ground for nullifying the election, if conducted.”
The plaintiffs asked for an order of interim injunction restraining INEC from proceeding to conduct the election into the office of Governor of Cross River State on the February 25, pending the hearing and determination of the motion on notice filed in these proceedings.
They also prayed for an order directing INEC to maintain status quo ante lite, i.e to refrain from taking further action or steps regarding the revised timetable for the conduct of the election into the office of Governor of Cross River State of Nigeria pending the hearing and determination of the motion on notice filed on February 15 in these proceedings.
In an affidavit, ANPP stated that INEC’s reason that it brought the election forward because of the judgment of the Supreme Court which removed five governors from office was not tenable in law.
“That the Supreme Court judgment did not place any constraint on INEC to abridge or tamper with the timetable it had set on 11th August 2011 for the governorship election in Cross River State nor has it created any situation which the 1999 Constitution can not cope with as the governor and his deputy duly vacated their pursuant to the judgment and the Speaker of the Hose of Assembly has taken over as Governor pursuant to Section 191(2) of the Constitution.”
They argued that the Speaker, under the Constitution could act as governor for a period of 90 days hence no need for INEC to be in a rush.”
They said INEC would not lose anything if the election were held on 14th of April, 2012, as earlier scheduled.
“That on the other hand, the Applicants will be prejudiced if the election is brought forward to the 25th of February 2012 as INEC now proposes, because the validity of the nomination of the 2nd Plaintiff will be jeopardised by non-compliance with section 31(1) of the Electoral Act 2010.”
No comments:
Post a Comment