A Nigerian lawyer, Chyma Anthony, has dragged President Muhammadu
Buhari, the National Assembly and the Attorney General of the
Federation, (AGF) Ibrahim Malami, to a federal high court in Abuja, over
the move by the lawmakers to change election sequence.
Also joined in the suit are, the Senate President, Bukola Saraki,
Speaker of House of Representatives, Yakubu Dogara and the Independent
National Electoral Commission (INEC).
Among other things, the lawyer is demanding that the court determine
whether the decision by the National Assembly to usurp the powers of the
INEC to fix the dates of election to the House of Assembly and the
office of the President of the Federal Republic of Nigeria, does not
contravene the provisions of the 1999 Constitution.
In the suit numbered FHC/ABJ/CS/222/18, the plaintiff in a general
form of originating summons, prayed the court to order the defendants to
cause an appearance to be entered for them in defense of what he
described as ‘moves made by the defendants that have injured and
affected him.’
Supporting his case with a 16 paragraph affidavit, the plaintiff
further prayed the court to determine whether by the combined effect of
the provisions of Sections 76 and 132 of the 1999 Constitution (as
amended), the National Assembly is empowered to take away from INEC, the
constitutional powers bestowed on it to fix the respective dates for
the National Assembly and presidential elections without amending the
relevant provisions of the Constitution.
The relief sought by the plaintiff includes that the court should
issue a declaration stating that by the combined effect of the
provisions of Sections 76 and 132 of the Constitution, the INEC and not
the National Assembly, is the only body authorized to fix the respective
dates for elections into the both houses of the National Assembly and
the office of the President of the Federal Republic of Nigeria, and that
the powers conferred on INEC by the Constitution cannot be taken away
from it by the National Assembly.
The matter has not been listed for hearing.