The Independent National
Electoral Commission (INEC), National Assembly (NASS) and the Attorney General
of the Federation (AGF) have been jointly dragged before a Federal High Court
sitting in Abuja over their adoption of staggered 2019 elections.
The plaintiff, Hope Democratic
Party (HDP), is praying the court to void and set aside the scheduled staggered
elections recently announced by the electoral body for allegedly contravening
Sections 76, 116, 132 and 178 of the 1999 Constitution and Section 25 of the
Electoral Act, 2010.
In the copies of the suit marked
FHC/ABJ/207/2018 dated February 26 and made available to newsmen at the
weekend, HDP wants the court to determine whether by virtue of the provision of
the amended Electoral Act, 2010, the INEC, NASS and AGF are not under a duty
and obligation to electronically hold and conduct the scheduled 2019 general
elections into the offices of the president, National Assembly, governorship
and state Houses of Assembly the same day in any order or sequence they may
choose to conduct the elections on the appointed date.
The plaintiff, in the suit filed
through its counsel, Raphael Nweke Ekene, is, therefore, praying the court for
an order of perpetual injunction restraining the three defendants, their
agents, servants and privies from engaging, planning or conducting any form of staggered
general elections under any guise in the forthcoming 2019 general elections.
The party also sought order
directing the defendants to undertake and ensure the holding of all elections
in 2019 by electronic devices, including card readers.
This, according to the party, is
to allow equal participation, certainty of planning and ease of results and to
eliminate and reduce costs, logistics and unnecessary expenses within the
limits of election expenses provided by law.
Besides, the party also prayed
the court to set aside the letter of AGF and INEC dated January 11, 2018
notifying political parties in the country of the staggered elections for 2019
on the ground that the letters and staggered elections are unconstitutional,
oppressive, abuse of power and ultra vires.
In a 20-paragraph affidavit in
support of the originating summons, the plaintiff claimed to be a registered
political party and had participated in the previous staggered general
elections outside the proposed general elections and that it has interest in
the conduct of a free and fair general election within the ambit of
international best practices at the 2019 general elections.
The affidavit, deposed to by a
lawyer, Ipinu Emman uel, averred that the defendants have, since 1999, been inconsistent
in adhering strictly to and holding any proper general elections, but resulted
to a form of staggered general elections at different dates and shifting order
and sequence of elections at will and to their advantages.
The affidavit also averred that
the present day reality and harsh economic situation and limited resources of
participating political parties and their sponsored candidates favoured the
conduct of all the elections into various offices in one appointed date to save
costs, curtail election expenses and to make elections affordable to parties.
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