Skip to main content

Court stops NASS from overriding Buhari on Electoral Act

By myvictoryb


The Federal High Court in Abuja has ordered the National Assembly to stop further action or proceeding on the Electoral Act Amendment Bill which President Muhammadu Buhari rejected.

The restraining order was issued on Wednesday, by Justice Ahmed Mohammed of the High Court.

The ruling is a sequel to an oral application made in a suit filed by the Accord Party against the National Assembly, the Attorney General of the Federation, and the Independent National Electoral Commission (INEC).

In the ruling, the court ordered the parties to “maintain status quo ante bellum”.

All the parties are ordered to stay every proceeding pending the determination of the motion on notice filed by the Accord party.

The Accord party had approached the court with a motion seeking an order of interlocutory injunction restraining the National Assembly from taking any further action or actions on the Bill titled Electoral Act (Amendment) Bill, 2018, particularly, to convene to pass the said Bill into Law, by two-thirds majority of its two chambers, pending the final determination of the substantive originating summon.

Counsel to the National Assembly, Mr. Chinelo Ogbozor, had resisted attempts made by Counsel to the Accord Party, Mr. Wole Olanipekun to move his motion on notice seeking a restraining order against the National Assembly on the grounds that the application was not ripe, and pending the service of hearing notice on the AGF.

Ogbozor said they were served barely 48 hours and insisted that the matter cannot proceed.

In view of Ogbozor’s opposition, Olanipekun urged the court for Ogbozor to make an undertaking that the National Assembly would not take any action on the subject matter but she refused.

Though the court noted that the motion on notice was not ripe for hearing, it, however, took notice of the oral application made by Olanipekun brought in line with Section 58(5) of Constitution.

Justice Mohammed stated that the court is not granting the prayer contained on the motion paper but “is making the preservative order to safeguard the integrity and sanctity of court.”

Consequently, the court directed parties to maintain status quo ante bellum at least to the next adjournment.

The matter has been adjourned to March 20 for the hearing of the motion on notice filed by the plaintiff.

The Accord party is seeking among other reliefs “A declaration that the legislative powers vested in the National Assembly by the Constitution do not empower or imbue it with the right, liberty or authority to pass or purport to pass any ‘Bill into Law which attempts to interfere with or undermine the independence of the 3rd defendant, as guaranteed by the content, spirit and tenor of the Constitution.”


Labels:

Comments

Post a Comment

Popular posts from this blog

Jerry Eze Launches $300,000 Empowerment Grant to Support Young Business Owners

  Renowned pastor, author, and global prayer movement leader, Jerry Eze , has unveiled a $300,000 grant scheme aimed at empowering young entrepreneurs and supporting innovative business ideas across communities. The initiative is designed to provide financial relief, encouragement, and practical support to youths who are passionate about building sustainable businesses but face funding challenges. According to Jerry Eze, the grant scheme is part of his broader vision to promote economic empowerment, self-reliance, and hope among young people . He emphasized that many talented youths have viable ideas but lack the resources to bring them to life. Through this program, selected beneficiaries will receive funding to either start new ventures or expand existing ones. The grant is expected to be disbursed in phases, reaching multiple entrepreneurs from different sectors such as agriculture, technology, creative industries, fashion, and small-scale manufacturing. Beyond financial as...
Post a Comment
Read more

ECOWAS declared state of emergency in West Africa

Dr Omar Touray, President of the ECOWAS Commission declared a state of emergency on Tuesday amid escalating violent extremism and terror, military coups d’etat, banditry, and political instability in the sub-region. Touray declared this during the 55th Ordinary Session of the ECOWAS Mediation and Security Council (MSC) at the Ministerial level in Abuja. He said the events of the last few weeks had shown the imperative of serious introspection on the future of democracy and the urgent need to invest in the sub-region’s security. According to him, country-by-country analyses of member states shows different risk levels across the sub-region from high to medium, with a high risk average, which requires immediate and concerted action. “Faced with this situation, it is safe to declare that our community is in a state of emergency. We must confront these threats with the attention they deserve. “For that, the sessions of the mediation and security council should be organized more regularly b...
Post a Comment
Read more

Aide Reveals Reasons Plateau Governor Is Defecting to APC

  Caleb Muftwang of Plateau is set to join the ruling All Progressives Congress (APC), the News Agency of Nigeria (NAN) reports. Mr Istifanus Nwansat, the political adviser to the governor, made this known in an interview with newsmen on Monday in Abuja. Nwansat said that the governor’s decision to join the APC was because it’s the option with the least risk in the face of the chaos in the Peoples Democratic Party (PDP). Caleb Muftwang of Plateau is set to join the ruling All Progressives Congress (APC), the News Agency of Nigeria (NAN) report Mr Istifanus Nwansat, the political adviser to the governor, made this known in an interview with newsmen on Monday in Abuja. Nwansat said that the governor’s decision to join the APC was because it’s the option with the least risk in the face of the chaos in the Peoples Democratic Party (PDP). He explained that the impending defection of Muftwang to the APC would also align with President Bola Tinubu’s political and governance trajectory on ...
Post a Comment
Read more