Court stops INEC from conducting elections
By OLA AGBAJE
Friday, February 5, 2010


•Photo: Sun News Publishing
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A Federal High Court sitting in Lagos yesterday declared the Independent National Electoral Commission (INEC) incompetent to conduct election anywhere in the country.
According to the judgment of Justice Mohammed Liman, the commission as it is presently constituted does not comply with the Constitution of the Federal Republic of Nigeria.

Justice Liman gave the verdict, while delivering a judgment in a suit brought before him by the Action Congress (AC) challenging the composition of INEC and power of the body to conduct or take any decision as it is presently constituted. He held that by virtue of section 159 of the 1999 constitution the quorum of INEC is five members and not four as it is presently constituted.

Pointing out the glaring illegality in the way the electoral body is presently constituted, the court said:
“On a very sad note despite the fact that INEC consists the most important and indispensable bedrock on which our democratic institutions are built and that it functions are central to the smooth evolution of our political structure it is not an understatement to say that without a functional INEC no election into any political office would be possible then how come that in the eleventh year of the nation’s journey into constitutional governance. We do not have an electoral body with its full complement members.

“We continue to pretend that all is well with our electoral system when the membership continues to drop from 13 down to four and it seems that we remain complacent as if all is well. I think that something is wrong somewhere and the earlier both the executive and the legislative department of the government act to reverse this shameful tread the better for the people of the country.”
The court pointed out that the four members currently on the board of the commission are not competent to take any decision in the name of INEC.

It will be recalled that AC had in December last year dragged INEC, its chairman, Professor Maurice Iwu and the three other members of the board of the commission alleging that the respondents lacks the quorum to conduct the rerun elections in Osun state.
Apart from Iwu and INEC, others joined as defendants in the suit include: Philip Umeadi, Victor Chukwuani, Mr. A Shoyebi, and the Resident Electoral Commissioner of Osun state.
Before the judgment was delivered, AC’s counsel, Femi Falana, had sought for an order of perpetual injunction restraining the respondents from taking any decision on the election until formation of sufficient quorum in accordance with Section 159 of the 1999 Constitution.

However, INEC in his reply to the suit through its counsel, former Attorney General and Minister of Justice, Mr. Kanu Agabi (SAN) had insisted that the objective of the application is to review the judgment and orders of the Court of Appeal and to frustrate indefinitely the conduct of the election.

Agabi also argued that the court is not competent and does not have the jurisdiction to entertain the suit because it related to an electoral matter and that other parties involved and that might likely be affected by the decision are not present before the court.
The judge disagreed with the submission of the INEC lawyer, according to him the case before the court had nothing to do with the election petition decided by the Court of Appeal but on the composition of the board of the commission.
Justice Liman noted that reliefs sought by AC are within the jurisdiction of the court and that the reliefs were never an issue before the Court of Appeal.

He, however, refused to grant any of the declarative injunctions being sought by the AC that the election be reverse or nullified according the judge the court could not undo a completed act.
The judge also refused to upheld the prayer of AC that the tenure of the Resident Electoral Commissioner (REC) of Osun State during the reran election expired he stated that the plaintiff failed to provide the court with any evidence showing the date the REC was appointed to enable the court take a decision.

It would be recalled that the Court of Appeal sitting in Ibadan the Oyo State capital had ordered for the rerun of elections into Osun East Senatorial District of the National Assembly and Osogbo Local Government seat of the Osun State House of Assembly.
INEC then fixed December 12, 2009 for the rerun elections into the legislative seats, which became vacant when the Appeal Court sitting in Ibadan voided the election of Senator Iyiola Omisore of the Peoples Democratic Party (PDP) and AC’s candidate, Babajide Omoworare who boycotted the election which was later held on December 29, 2009.


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i wish this can work.
if all these machinaries of otah beasts will be declared importent in nigeria, things will begin to move.
prof iwu shld go back and enjoy his loots and let the country flow.

errant rubbish

DatNiggaAk:

1st
would it affect tomorrow election?
or is it a pdp ploy to get the election cancelled in case soludo loses?

That court case was instituted by Femi falana at the instance of an AC Chieftain. If you believe that Falana will be at the centre of a PDP ploy then you will believe anything.

If we continue to arrive at the lazy conclusion that PDP is responsible for anything without rationalizing issues, we will never make headway as a country.

Nigerians Courts are also part of the failed system, now they want INEC not to conduct elections in Anambra yet since 1999, no body has said anything. Why is it that the Courts now want to be INEC, imposing people through courts. This is unacceptable, now they want to lengthen Peter Obi's tenure while the other contestants who have campaigned for votes, spent time and resources canvassing for votes should sit and look? No way, bet me, another court who vacate that order. I also think the PDP will benefit in the long run.

I wonder when all these drama would end . . . . Nigeria, i hail thee

A court decision such as this is long overdue. Maurice Iwu and his 4 commisioners have been rigging elections at will. The chairman and four commissioners of INEC contravened section 159 of the 1999 Constitution which stipulates that INEC is to be run by a chairman and 13 commissioners. The said section also stipulates that one–third of the 13 members (comprising five members) must be present before any decision could be taken.

As long as Iwu only has 4 commisioners that he can control, his rigging will continue. Kudos to this judge, albeit he didn't give Falana all he prayed for.

It may not be a bad idea to postpone the Anambra elections until INEC is properly constituted, otherwise there will be a definite court challenge by the losers of that election.

Who will now conduct the election and call result? Me? this is just joke.

All these things are medicine after death, the whole system has to be changed. The judiciary itself is corrupt.

It does not make sense to me that the judge said that INEC as presently constituted is not capable of holding legitimate elections and yet the judge refused to cancel the "illegal election(s)" that have been held during the time that this illegality has existed.

Here we go again!

:-x

When will Iwu do things right?

wounders Shall never end in Nigeria. This is danger in waiting. When will this end. Something is waiting in the dark for election, in Anambra or Nigeria

crap

Rubbish!!!
Now if any party loses the election they will go to court and say INEC is not fit for conductin elections and try to get the result cancelled.

nigeria/inec/pdp=Anambra

Classic case of pot calling kettle black !!!! Both INEC and Nigerian federal courts lack any form of credibility, another countless journey planned to end without any postive outcome.