Justice Ahmed Mohammed of the Federal High Court, Abuja, on Wednesday barred the National Assembly from taking any action aimed at overriding the refusal of President Muhammadu Buhari to sign the Electoral Act (Amendment) Bill 2018, into Law.
The ruling was a sequel to an oral application made in a suit marked FHC/ABJ/CS/232/2018 filed by the Accord Party against the National Assembly, the Attorney-General of the Federation, and the Independent National Electoral Commission – 1st, 2nd, and 3rd respondents, respectively.
In the ruling, the court ordered parties to “maintain status quo ante bellum” pending the determination of the motion on notice.
The plaintiff had approached the court with a motion seeking an order of interlocutory injunction restraining the National Assembly from taking any further action or actions on the bill, entitled Electoral Act (Amendment) Bill, 2018, particularly, to convene to pass the said bill into law by a two-thirds majority of its two chambers, pending the final determination of the substantive originating summons.
Muhammad Nalado, who deposed to an affidavit in support of the suit, said he was the Deputy National Chairman of the applicant in 2007, as well as the National Vice Chairman (North West).
Also Read: 2019 Election: President Buhari Rejects Electoral Act Amendment
Chief Wole Olanipekun (SAN) filed the suit on behalf of the plaintiff, while Chinelo Ogbozor, represented the 1st defendant (National Assembly).
Earlier, Ogbozor had resisted attempts made by Olanipekun to move his motion on notice seeking a restraining order against the National Assembly on the grounds that the application was not ripe, and pending the service of hearing notice on the AGF.
The NASS’ lawyer said they were served barely 48 hours and insisted that the matter could not proceed.
In view of Ogbozor’s opposition, Olanipekun pleaded the court for Ogbozor to make an undertaking that the NASS would not take any action on the subject-matter, but she refused.
Though the court noted that the motion on notice was not ripe for hearing, however, it took notice of the oral application made by Olanipekun, brought in line with Section 58(5) of the constitution.
It was the apprehension being entertained by the plaintiff that the 1st defendant could go ahead and pass the bill into law if the subject matter of the case was not preserved that informed the court’s ruling.
Justice Mohammed held that Section 58 of the constitution did not stipulate any time frame for the NASS to pass a bill the president had refused to assent to.
“Interestingly, there is no time frame for NASS to pass the bill into law,” the court noted.
In view of the foregoing, Justice Mohammed asked: “What if the court adjourns and the NASS convenes tomorrow to pass the bill into law?”
However, Justice Mohammed stated that the court was not granting the prayer contained on the motion paper but “is making the preservative order to safeguard the integrity and sanctity of court.”
Consequently, the court directed parties to maintain status quo ante bellum at least between now and next adjournment.
Justice Mohammed made the order pursuant to Section 6(6) of the constitution.
The matter has been adjourned to March 20 for the hearing of the motion on notice filed by the plaintiff.
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