In the beginning, the statutory body mandated to conduct elections in Nigeria, the Independent National Electoral Commission, INEC, rolled out its timetable for the 2019 general elections. But the Nigerian parliament decided to alter the order of the elections as announced by INEC. The matter was taken to the courts. The court ruled in favour of INEC.
But, the National Assembly has appealed the Federal High Court judgment which denied it the power to re-order the proposed sequence for the 2019 general elections.
Justice Ahmed Mohammed of an Abuja Division of the Federal High Court, in the judgment, held that the election timetable earlier released by INEC could not be altered by the legislature.
The court held that INEC was the only body constitutionally empowered to organise, undertake, and supervise elections in the country, noting that such responsibility includes fixing dates for all polls.
In his judgment delivered on Monday, Justice Mohammed noted that the NASS commenced moves to amend the Electoral Act, after INEC had already released its timetable for the impending general elections.
He said the action of the legislature was in clear breach of paragraph 15a of the 3rd Schedule to the 1999 Constitution, as amended.
Justice Mohammed, who relied on past Supreme Court decisions, held that the responsibility of organising elections in the country, was constitutionally vested in INEC, stressing that such statutory right, could not be removed by the legislature through its belated process to amend the Electoral Act.
