- A chieftain of the ruling APC has dragged the National Assembly to court over re-ordering of the election sequence
- The APC chieftain wants the court to, among other things, declare that the National Assembly does not have the constitutional power to change the election sequence
- He also wants the court to restrain President Buhari from assenting the bill when presented before him
A chieftain of the All Progressives Congress (APC), Chief Anike Nwoga, has filed a suit at the Federal High Court Enugu, challenging the bill passed by the National Assembly which changed the sequence of the 2019 elections.
Nwoga who is the zonal vice chairman of APC in Enugu East senatorial district filed the suit on Friday, March 2, 2018, through his lawyer, Godwin Onwusi Esq, the Sun reports.
NAIJ.com gathered that in his motion on notice, Nwoga is praying the court for an interlocutory injunction, restraining President Muhammadu Buhari from assenting to the bill passed by the National Assembly when it is presented to him for assent, pending the determination of the substantive suit.
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The motion on notice was reportedly brought pursuant to orders 26 and 28 of the Federal High Court (Civil Procedure) Rules 2009 and under the inherent jurisdiction of the Honourable court.
Also joined as defendants in the suit are INEC, the President of Federal Republic of Nigeria and the Honourable Attorney General of the Federation (AGF) as 2nd, 3th and 4th defendants respectively.
Nwoga is also praying for an order of interlocutory injunction, restraining the National Assembly , 1st defendant, from overriding the President’s veto, should he decide to veto the bill, reordering the sequence of the elections, pending the determination of the substantive suit.
The plaintiff, Nwoga, equally asked for an order restraining INEC, 2nddefendant, from complying with the sequence of elections contained in the bill passed by the National Assembly and for such further orders as the court may deem fit to make in the circumstance, pending the determination of the substantive suit.
The plaintiff wants the court to among other things determine “Whether the National Assembly in exercise of its lawmaking powers can make laws to compel INEC to exercise the powers to organize, undertake and supervise elections conferred on it by the constitution in a particular sequence.
“Whether the National Assembly in exercise of her lawmaking powers can make a law to change the sequence of elections, already adopted and published by INEC, pursuant to the powers conferred on it by the constitution.”
Upon the determination of the questions, the plaintiff urged the court to make the following orders.
“A declaration that the National Assembly cannot make laws to compel Independent National Electoral Commission, INEC, to exercise the powers conferred on it by the constitution to conduct election in a particular order.
“A declaration that the recent bill adopted by the two chambers of the National Assembly, which altered the sequence of the 2019 elections, already adopted and published by INEC pursuant to the powers conferred on it by the constitution, is a usurpation of the constitutional powers of INEC, hence unconstitutional.
“An order of perpetual injunction restraining the 3rd defendant from assenting to the bill changing the sequence of elections, already adopted and published by the 2nd defendant, when it is presented to him for assent.
“An order restraining the 2nd defendant from complying with the sequence contained in the bill or the Law, if assented to by the 2nd respondent.
“Any further or other orders or consequential Orders that the Court may deem fit to make in the circumstances of the case."
A date is yet to be fixed for the hearing of the suit.
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NAIJ.com previously reported that the crisis over re-ordered election sequence had reportedly led to the emergence of a ‘rebel group’ in Nigeria's upper legislative chamber.
Daily Trust reports that the group which claimed to have the backing of the Presidency emerged after marathon meetings held at the residence of a former governor in Abuja.
The membership of the group was said to have swelled from 14 to around 40 senators.
The membership of the group was reportedly drawn from both the north and south. It also cut across party divide as there were claims that both members of the ruling All Progressives Congress (APC) and Peoples Democratic Party (PDP) are in the group.
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Source: Naija.ng