Posted by By GODWIN TSA, Abuja on
A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to stop, forthwith, the on-going verification on candidates seeking elective positions in the next general election.
A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to stop, forthwith, the on-going verification on candidates seeking elective positions in the next general election.
Justice Babs Kuewumi, who granted an order restraining the INEC from continuing with the exercise, ordered the parties to maintain status quo until the determination of the matter before it.
At the resumed hearing of the case instituted against the INEC by the Action Congress (AC) and its presidential candidate, Vice President Atiku Abubakar, no lawyer represented the electoral body in court even as hearing notice was served on the Commission.
Atiku's counsel, Chief Adeniyi Akintola (SAN) had moved an oral application for an interim order aimed at preserving the res (subject matter) of the suit.
His words: "My lord, the res will expire tomorrow (Tuesday) and your lordship cannot play Pontius Pilate. INEC will finish what we have come to court to stop by next tomorrow. If this court does not hear us today the res would have been destroyed and our coming here will become a mere academic exercise."
On Atiku's request, the following dialogue ensued:
Justice Kuewumi: "I do not want a situation where I would take your argument alone. I think we need to give the other party another opportunity to come to court."
Akintola: "My lord, the defendant was served hearing notice. It is not the duty of the court to wait for litigants; it is the litigant that should wait for the court. If the court is not minded to hearing us, I urge you to grant an interim order."
Describing the situation of his client as "precarious," Akintola made reference to the recent decision of the Court of Appeal, Abuja division in the case of Atiku Vs Attorney General of Federation and five others, where the court granted a similar order.
According to him, "my lord, the Justices of the Appeal Court, in this decision went beyond the undertaking given by the defendants that they would not tamper with the res to even make an interim order. I urge my lord to be guided by that decision which is in line with the doctrine of lis pendis."
In granting the order, Justice Kuewumi's ordered: "Parties are enjoined to refrain from taking any step that would destroy the res of the suit before this court. I hereby order that status quo be maintained and accelerated hearing is granted."
He accordingly, adjourned the matter to January 30.
Vice President Abubakar, in collaboration with the AC, had dragged INEC to court, alleging that the commission was conducting the verification exercise with the sole aim of disqualifying him from running for the presidential race.
The plaintiffs had posed the following questions for determination:
o Whether the defendant had powers under the provisions of the constitution and the Electoral Act, 2006 to conduct any verification of the credentials/papers and/or screening out and/or disqualifying candidates including the second plaintiff for the 2007 general elections.
o Whether, by the provisions of the third schedule to the constitution, item 15 paragraph (a) to (i) and Section 32 of the Electoral Act, 2006 or any other provisions of the Electoral Act, 2006 or any other law, any other person other than the plaintiff has the exclusive right to verify and or screen its candidates before sponsoring them by forwarding their names to the Defendant.
•Whether the defendant has powers, under any law or enactment, to disqualify or screen out Atiku as a candidate or any other candidate for the 2007 general elections.
•Whether by the provisions of Section 32 (5) of the Electoral Act, 2006, any other person or bodies other than a court of law can disqualify any candidate from contesting election.
Consequently, he sought the following reliefs:
•A declaration that the defendant has no power under the provisions of the constitution, the Electoral Act, 2006 and the Independent National Electoral Commission (Establishment, Etc) Act Cap 15, Laws of the Federation, 2004 to conduct any verification of the credentials/papers and/or screening out and/or disqualifying candidates including the Atiku for the 2007 general elections.