COURT INSISTS ON SUSPENSION OF NIGER STATE LOCAL GOVERNMENT ELECTIONS PROCESS
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The Federal High Court Sitting in Minna has again asked the Attorney General of the State to advise the State Independent Electoral Commission on suspending the process of the Council’s elections scheduled for next month.
He also directed that all parties in the People’s Democratic Party’s suit challenging the conduct of the Local Government Polls address the Court on whether it has the jurisdiction to hear and determine the case on the next adjourned date.
The plaintiff, PDP had approached the court alleging a violation of the provision of the Constitution and the electoral act on the procedures related to the conduct of the election.
Consequently, the case was adjourned for the hearing of all pending applications and the substantive matter but the plaintiff’s Counsel Mohammed Ndayako SAN drew the attention of the court to a notice of polls recently issued by the second defendant Niger State Independent Electoral Commission.
Counsel to the Plaintiff PDP submitted that the action amounts to impunity, considering the Court’s directive to the State Attorney General to advise the State Electoral umpire to discontinue the Local Government election process.
The third defendant and Attorney General of the State Nasara Danmallam argued that the action of the State Independent Electoral Commission does not amount to impunity as it has already issued a notice of elections in July 2022 in furtherance of its mandate under the constituted tuition and Local Government laws.
The Attorney General also argued that the election is time-bound, submitting that the law requires that the election must be conducted 39 days before the expiration of the tenure of the occupants of the various elected offices in the Local Government Areas, citing section 84 (15) of the electoral act.
He further submitted that the Court can not make such an order suspending the process of the elections.
Justice Aminu Garba however insisted on his earlier directive that the Attorney General of the State should advise the State Independent Electoral Commission on suspending the process of the Council’s elections.
LapaiTv gathered that Justice Garba thereafter adjourned the case to the 2nd November 2022 for parties in the suit to address the court on whether it has the jurisdiction to hear and determine the case.
Joined in the suit as defendants are the Independent National Electoral Commission, the Niger State Independent Electoral Commission, the State Attorney General, and Commissioner for Justice, and the Niger State House of Assembly.
