Lawyer drags Buhari, National Assembly, others to court over election sequence

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.