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Court Dismisses Suit Against NASS On 2019 Election Timetable

Senate President, Bukola Saraki

By Anokwu Emeka,

May 23, 2018.

A Federal High Court sitting in Enugu on Tuesday, May 22, dismissed a suit filed against the National Assembly over call for a change in the 2019 election sequence.

The court ruled that the suit filed by a chieftain of the All Progressives Congress (APC), Anike Nwoga, is not justiciable.

While delivering judgment on the matter, Justice A.M Liman held that Nwoga had no locus standi to institute the legal action against the National Assembly.

Liman said the court also lacked the jurisdiction to entertain it the matter brought before it.

He also said that for a person to have access to court, he or she must affirm his locus standi to make the suit justiciable.

The judge said that the affidavit deposed by the plaintiff does not show he has any justiciable interest nor did he disclose any special injury that the amendment will cause him. “What legal right has he (plaintiff) where there are individuals directly affected or is he trying to tell us that the President and INEC are incapable from stopping the National Assembly from amending the Electoral Act in a manner that is unconstitutional.

“I hereby not only declare the plaintiff as lacking in locus standi, I hereby dismiss the suit,” Justice Liman said.

Speaking on the court’s ruling, the counsel to the plaintiff Godwin Onwusi told journalists that they would study the judgment and decide the next course of action.

The presidency had allegedly said that it had put an elaborate plan to frustrate the implementation of the amendment to the Electoral Act 2010. Members of the National Assembly had proposed alterations to the sequence of the general elections in 2019 and beyond.

The amendment to Section 25 of the Electoral Act, which was substituted with Section 25 (1) was adopted by a joint session of the electoral committees of both chambers of the National Assembly.

One comment

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