In a different reaction to the announced rescheduling of the earlier slated February 14 and 28 general elections, one of the numerous political parties in Nigeria has dragged the Independent National Electoral Commission, President Goodluck Jonathan and others to a Federal High Court.
Nigerian Pilot reported that others joined in the suit filed by the Hope Democratic Party (HDP) on Wednesday include the National Security Adviser, NSA, Sambo Dasuki and the Chief of Defence Staff, CDS, Air Chief Marshal Alex Badeh
Others include are the Attorney-General of the Federation, AGF and the Minister of Justice, Mohammed Bello Adoke, SAN.
Others include are the Attorney-General of the Federation, AGF and the Minister of Justice, Mohammed Bello Adoke, SAN.
The reported suit filed by counsel to HDP, Mr. Okechukwu Ehogwu, is challenging the legality of their powers to postpone elections already scheduled by the INEC.
Ehogwu in the originating summon asked the court to declare that the purported postponement of the scheduled February 14 presidential election was not in accordance with the provisions of the law since there was no natural disaster or emergency.
HDP also posited that the letter of information of CDS and the NSA dated February 3 to INEC on their inability and failure to guarantee security for INEC officials does not hold ground since it was not a natural disaster or emergency which could result to polls shift.
The party, which also has a presidential candidate for the forthcoming election also prayed the court to declare that the electoral commission was not under any duty or bound to obey or comply with any unverified or cogent reasons to shift an election that was already scheduled to hold in the absence of a natural disaster.
The plaintiff further asked the court to make INEC know that as an electoral umpire is at liberty to devise, arrange and procure any security arrangement or regional cooperation from within or outside the country to ensure a free and fair election at a scheduled time.
Counsel to HDP therefore requested for an order of court restraining the CDS, NSA, President Jonathan and AGF from interfering in its right to participate in an election as well as to stop the usurpation of INEC’s powers under any guise.
In an 18-paragraph affidavit in support of the originating summon, sworn to by one Mr. Anderson Chike, the party affirmed that the reason given by INEC for postponing the February elections were not cogent and verifiable as required by law which states only natural disaster and natural emergencies.
It also maintained that the internal security including that of election duties are undertaken by Police and other civil authorities and not the military whose roles in elections are limited and complimentary in the event of major internal crisis, while the affidavit further claimed that the involvement of the CDS and NSA in purely civil duties was wrong and that reasons given only make INEC vulnerable to future mischief and abuse of military and intelligential powers in favour of themselves and their benefactors.
HDP also posited that INEC is required only to abide strictly to the constitutional and electoral laws to avoid intended glaring mischief and truncation of the country’s nascent democracy.
Meanwhile, no date has yet been fixed for the hearing of the suit which is already before the Federal High Court.
Recall that the chairman of the electoral commission on Saturday announced that postponment of the country’s general polls to March 28 and April 11, 2015.
Following the reactions that have trailed the election shift, the incumbent President Jonathan, who is seeking re-election in the forthcoming polls, hosted the eighth presidential media chat on Wednesday February 11, 2015, saying he has nothing to do with the development.
Meanwhile, it was gathered that a top hierarchy of the Nigerian military threatened INEC that no army personnel will be made available throughout the country to provide security for the February 14 presidential election if the commission insists on going on with the scheduled date of the election.
