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Appeal Court Adjourns Hearing On Change Of Election Sequence - Politics - Nairaland

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Appeal Court Adjourns Hearing On Change Of Election Sequence by TheTrueSeeker: 5:28pm On Jul 12, 2018
The Court of Appeal, Abuja Division has adjourned hearing in a suit challenging the ruling of a Federal High Court which set aside the amendment of the 2010 Electoral Act.

A three-man panel of the court led by Justice Abubakar Yahaya told the parties in the case on Thursday that a full court would be constituted to hear the suit, as their panel cannot hear the appeal.

The counsel to the National Assembly, Mr Joseph Daudu, said the issue before the court was very urgent.

He told the court that suit torched on matters of the coming general elections and as such, time was important.

Daudu stressed that urgency was much more intense, as not having a pronouncement could make anyone want to challenge the bill.

In his submission, counsel to the Accord Party Wole Olanipekun told the court that there was nothing urgent about the appeal to warrant parties to return to the court when the Appeal Court was headed for its annual vacation.

He, therefore, urged the court to adjourn the case till the next legal year.

In a short ruling, Justice Yahaha adjourned the case till a date to be communicated to the parties, for a full panel to be constituted.

The Federal High Court had ruled in favour of the Accord Party which urged President Muhammadu Buhari not to sign into law the amended Electoral Act Bill 2018.

The court held that the National Assembly lacked the powers to decide on the sequence of the election on behalf of the Independent National Electoral Commission (INEC).

Since Nigeria returned to democracy, presidential and National Assembly elections have been conducted on the same day before other polls, while the governorship and State Houses of Assembly elections follow.

Lawmakers at the National Assembly had in February amended the sequence such that the National Assembly polls would be conducted first, followed by the state lawmakers and the governors while the presidential election should take place last.

This led to a heated debate in the Senate after which President Buhari wrote the lawmakers in March, informing them that he had withheld assent to the amendment of the 2010 Electoral Act.

The President had stated that the amendment to election sequence in section 25 of the Principal Act might infringe on the constitutionally guaranteed discretion of INEC to organise, undertake and supervise all elections provided in section 16(a) of the constitution.

The immediate past INEC Chairman, Professor Attahiru Jega, had also challenged the power of the National Assembly to alter the sequence in which elections are conducted.



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Re: Appeal Court Adjourns Hearing On Change Of Election Sequence by seanfer(m): 5:39pm On Jul 12, 2018
When you have a rogue NASS they behave like they’re above the law... Why try to do INEC’s job
Re: Appeal Court Adjourns Hearing On Change Of Election Sequence by 21savages: 5:42pm On Jul 12, 2018
Am tired of this certificate saga. FG shld jst do the needful abeg.
Re: Appeal Court Adjourns Hearing On Change Of Election Sequence by TheTrueSeeker: 8:05pm On Jul 12, 2018
seanfer:
When you have a rogue NASS they behave like they’re above the law... Why try to do INEC’s job


That case belongs to the NASS and they will win it even to the SC
Re: Appeal Court Adjourns Hearing On Change Of Election Sequence by TheTrueSeeker: 8:12pm On Jul 12, 2018
The Constitution empowers the NASS to make and amend any section of the Constitution they deem fit to amend.
The Electoral Act is a creation of the NASS. Election sequence or not they can amend.

Their amendment of the sequence does not guarantee them automatic entry to the NASS. They would have to still participate in general elections after being sponsored by their political parties and primaries.

Telling them not to amend is simply playing sentiments and indirectly denying them their constitutional duties...!!!
Re: Appeal Court Adjourns Hearing On Change Of Election Sequence by TheTrueSeeker: 8:16pm On Jul 12, 2018
The current election sequence was done not by INEC but by the NASS so reversing can only be done by NASS period...!!!!


The NASS is an institution and not the individual lawmakers occupying the institution.
Re: Appeal Court Adjourns Hearing On Change Of Election Sequence by TheTrueSeeker: 4:49pm On Aug 01, 2018
I said it back then

Now Appeal Court has done the right thing..!!!


Kudos

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