Worried about the incessant and sinister abuses of exparte injunctions by
\njudges to undermine the decisions of the Independent National Electoral
\nCommission to proceed with collation of governorship election results in
\nRivers, Adamawa and Bauchi, the judiciary has been cautioned to check
\nthese abuses.<\/p>\n
Making the appeal is a pro-democracy and non-governmental organization \u2013
\nHUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) which also asked the
\nEconomic and Financial Crimes Commission (EFCC) to scrutinize the
\nfinancial transactions of the judges who recently gave exparte orders
\nagainst INEC to see if they were financially induced.<\/p>\n
HURIWA said under section 285 of the Nigerian Constitution, the regular
\ncourts lacks jurisdiction to entertain post-election litigation even as
\nonly the election Tribunal has the constitutional powers to determine any
\ndisputes arising from an election that has already been conducted.<\/p>\n
Specifically section 285 (1) and (2) states thus: \u201cThere shall be
\nestablished for the Federation one or more election tribunals to be known
\nas the National Assembly Election Tribunals which shall, to the exclusion
\nof any or tribunal, have original jurisdiction to hear and determine
\npetitions as to whether \u2013 (a) any person has been validly elected as a
\nmember of the National Assembly; (b) the term of office of any person
\nunder this Constitution has ceased; (c) the seat of a member of the Senate
\nor a member of the House of Representatives has vacant; and (d) a question
\nor petition brought before the election tribunal has been properly or
\nimproperly brought.<\/p>\n
(2) There shall be established in each State of the Federation one or more
\nelection tribunals to be known as the Governorship and Legislative Houses
\nElection Tribunals which shall, to the exclusion of any court or tribunal,
\nhave original jurisdiction to hear and determine petitions as to whether
\nany person has been validly elected to the office of Governor or Deputy
\nGovernor or as a member of any legislative house.”<\/p>\n
HURIWA referred the erring judges to the observations of Mahmud Mohammed,
\njustice of the Supreme Court (as he then was) in the case of Ugwu versus
\nArarume (2007 12 NWLR (PT 1048) 367 at 511 where he stated thus: \u201cThe
\nElectoral Act and Political Party Constitutions must be seen as
\ncomplementing the Constitution in formulating broader rules, regulations
\nand operation mechanisms for both INEC and the political parties for
\nadministrative convenience. Where any such enactment, rules or policies
\ncomes into conflict with any section of the Constitution… Politics is
\nnot anarchy; it is not disorderliness. It must be punctuated by justice,
\nfairness and orderliness.\u201d<\/p>\n
HURIWA also condemned the Independent National Electoral Commission (INEC)
\nunder Yakubu Mahmood for displaying crass partisanship in favour of the
\nAll Progressives Congress (APC)\u00a0 by illegally declaring elections in Kano,
\nSokoto, Bauchi, Adamawa and Rivers where People\u2019s Democratic Party were at
\nthe verge of emerging victorious, as either suspended or inconclusive.<\/p>\n
HURIWA calls the judges who slammed ex parte orders stopping INEC from
\nconcluding the polls in those states ENEMIES OF DEMOCRACY WHO ARE
\nattempting to create spectacular constitutional crisis and to destroy
\ndemocracy.<\/p>\n
HURIWA recalled that a state High Court in Yola had ordered an injunction
\nrestraining the Independent National Electoral Commission from conducting
\na supplementary governorship election in Adamawa State on 23rd March.<\/p>\n
Justice Abdulaziz Waziri of State High Court gave the order following a
\nmotion ex parte filed by Movement of Restoration for Defence of Democracy,
\nMRPD.<\/p>\n
\u201cI hereby made the following orders: The defendant herein the Independent
\nNational Electoral Commission is restrained whether by themselves, their
\nagents, servants, representatives, nominees or any other person from
\nproceeding with the supplementary election with respect to Adamawa State
\nGovernorship pending the hearing and determination of Motion on notice,\u201d
\nthe judge ordered.<\/p>\n
INEC had ordered a rerun in six states, including Adamawa State.<\/p>\n
In Adamawa State, electoral commission declared the poll inconclusive
\nafter collating results from all the 21 local government areas in the
\nstate.<\/p>\n
The state returning officer, Andrew Haruna, said the margin of votes
\nbetween the People\u2019s Democratic Party candidate, Ahmadu Fintiri who score
\nhigher votes and his All Progressives Congress counterpart, Governor
\nMuhammad Jibrilla, is lesser than total votes voided in about 40 polling
\nunits.<\/p>\n
Haruna said there are 40,988 votes that were cancelled in 44 polling units
\nacross the state. The margin between the two parties was 32,476.<\/p>\n
The case was adjourned to 21st of March for hearing of a motion for
\nInterlocutory injunction.<\/p>\n
Worried about the incessant and sinister abuses of exparte injunctions by judges to undermine the decisions of the Independent National Electoral Commission to proceed with collation of governorship election results…<\/p>\n","protected":false},"author":1,"featured_media":55424,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-65680","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n