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| INEC Chairman, Attahiru Jega |
By: Davidson Iriekpen
A Federal High Court in Lagos Thursday upheld the powers of the National
Assembly to legislate on how political parties should nominate candidates for
elections.
It refused the plaintiff’s prayer to invalidate Section 87
of the Electoral Act 2010 (as amended).
The section lays down the procedure for the conduct of
primaries by political parties seeking to nominate candidates.
The court held that the exercise of the National Assembly’s
regulatory powers as contained in Section 228 of the 1999 Constitution gave
rise to the enactment of the Electoral Act.
It added that all the sections/provisions of the Electoral
Act apply to all political parties in Nigeria equally and without
discrimination.
Justice Okechukwu Okeke delivered the judgment in a suit by
the Action Congress of Nigeria (ACN), which was represented by its National
Legal Adviser, Dr. Muiz Banire.
The party had sued the National Assembly and the Independent
National Electoral Commission (INEC). The second defendant was represented by
Mr. Adindu Ugwuzor.
ACN was seeking a declaration that Section 87 of the
Electoral Act 2010 (as amended) is inconsistent with Sections 4 and 228 of the
1999 Constitution (as amended).
Being inconsistent, it is therefore “ultra vires (beyond the
powers of) the National Assembly, null and void to the extent of their
inconsistency,” the plaintiff said.
The party prayed the court to declare the section
unconstitutional and void for mandating the conduct of and the manner of
conducting primary elections by political parties for elections into the
offices of the president, vice-president, governor, National Assembly and state
Houses of Assembly.
It sought a declaration that the procedure adopted by a
political party for the conduct of primaries for nomination of its candidates
for an election is outside the legislative domain of the National Assembly.
The party formulated four issues for determination,
including whether the National Assembly has the power to legislate on the
procedure for the nomination of candidates by political parties, having regard
to the supremacy of the constitution and the clear enumeration of the
lawmakers’ powers with respect to political parties.
In a supporting affidavit, the deponent, Aketu Eromosele
said: “I was informed by Alhaji Lai Mohamed, the National Publicity Secretary
of the plaintiff while instructing our law firm on the 26th day of July, 2012
in our office… and I verily believe that the said Section 87 of the Electoral,
Act 2010 (as amended), has affected the right of the plaintiff to determine its
political fortunes in accordance with its principles contained in its
constitution and other relevant documents.
“As a matter of fact, the members of the plaintiff feel
aggrieved that they cannot further their common goal of freely choosing their
ambassadors.”
But INEC, in its counter affidavit, argued that the Section
87 applies not only to ACN, but all political parties in Nigeria, without any
exemption.
It said the Electoral Act did not put the plaintiff in any
disadvantaged position and was not in any way prejudicial to it.
“Section 87 of the Electoral Act 2010 has not infringed on
the rights of the plaintiff at all, but is intended to make it abide by the
democratic tenets and principles of equality and fairness,” INEC said.
Justice Okeke, in his verdict, held that the conduct of
elections into political offices is INEC’s exclusive duty.
“In doing so, there must be order,” the judge said, adding:
“Section 87 is to ensure that there is a level-playing field for all Nigerians.
It is not targeted at the plaintiff only.
“There is no merit in this application and it is hereby
dismissed. There shall be no order as to cost,” he said.
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