A Nigerian, Adebayo Babalola has charged the Attorney General of the Federation, Senate, Federal House of Representatives and the Independent National Electoral Commission (INEC) to court over the Electoral Bill 2021.
In a suit, FHC/L/CS/3 42022, the individual approached a Federal High Court in Lagos seeking the court to strike down Section 52(3) and any other sections of the Electoral Bill 2021 saying it limits, circumscribes, contracts or suspends the power of INEC to determine how elections results in Nigeria must be transmitted.
He also sought the court’s Perpetual injunction restraining the Senate and Federal House of Representatives from enacting or considering any legislation that limits or contracts or derogate from the powers conferred on the Independent National Electoral Commission by Section 15 of the Constitution of the Federal Republic of Nigeria.
The concerned Lagos resident on behalf of his lawyer, Ademola Owolabi, Esq said the 2nd and 3rd respondents which are the Senate and House of Representatives lack the legislative competencies to legislate on how and the medium through which the Independent National Electoral Commission should transmit elections results in Nigeria.
The plaintiff prayed the court for a declaration that the power conferred on the Independent National Electoral Commission by Section 15 of the 3rd Schedule of the Constitution of the Federal Republic of Nigeria 1999 to organise, undertake and supervise elections in Nigeria must necessarily include the power to determine how the election result will be transmitted.
“A declaration that Section 52(3) of the Electoral Bill recently enacted by the National Assembly which limits and fetters the unlimited powers granted the 4th Respondent by Section 15 of the 3rd Schedule of the Constitution of the Federal Republic of Nigeria 1999 is unconstitutional, null and void and of no effect whatsoever.”