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Electoral Amendment: Accord Party defeats NASS in court

Published

9 years ago

April 25, 2018

An Abuja Division of the Federal High Court has nullified the amendment of Section 25 of the Electoral Act passed in February by the National Assembly.

The court, in a judgement on Wednesday, ruled that only the Independent National Electoral Commission (INEC) has the powers to create an election template for the country.

Presideing Justice Ahmed Mohammed also ruled that any attempt by the National Assembly to amend the Section 25, as done by the legislature, would first require an amendment of the constitution.

The Accord Party filed the application after the Senate and House of Reps attempted to implement Section 58 of the constitution which allows the legislature to override the decision of the president.

President Muhammadu Buhari had vetoed the bill, on the grounds that it usurped the powers of the INEC to manage elections.

The party asked the court to determine if INEC was not solely empowered to carry out its function of overseeing the election timetable in Nigeria.

Both chambers of the National Assembly amended the order of the election, with the collaboration of the ruling majority APC.

Based on the amendment, the National Assembly election would come first in 2019, followed by governorship and state Houses of Assembly, and the presidential poll would come last.