Court Upholds INEC Time Table For April Polls

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An Abuja High Court on Thursday upheld the time table released by the Independent National Electoral Commission, INEC, for the forthcoming April general elections as it dismissed a suit instituted by the National Democratic Party, NDP, asking the court to declare the time table null and void.

The court held that party could not field any candidate for the elections as it failed to comply with the current election time-table released by the electoral body.

The party had dragged INEC to court over claims that the current time-table released by INEC after the earlier one had been dumped was misleading, adding that it used the first one to nominate its candidates for the polls and urged  the court to nullify the current time table and order the commission to revert to its old time table.

While delivering judgment in the suit, Justice Mudashiru Oniyangi held that the second time table of INEC was valid because both the 1999 Constitution and the Electoral Act 2010 as amended empowered the electoral body to set a time table for the election.

He held that the law did not specify the number of time INEC can adjust its time table provided it comes before 90 days to the election and also held that the proviso in the second time table has nullified and render the first one invalid, the proviso reads thus,”…this time-table supersedes the earlier one issued by the commission…”.

According to trial judge,”No valid legal action can be taken as far as the time-table is concerned, the first time-table ceased to exist since the second time table came into effect, I therefore hold that the first time-table is no longer valid and does not subsist”.

He further added that, “The second time-table invalidates all the actions taken under the first time-table, the primaries conducted under the Second time table is to be recognized by the electoral body, the defendant is not entitled to publish any name of candidate under the first time-table since the Constitution and Electoral Act do not limit INEC as how many times it can issue time-table”.

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The judge consequently dismissed the suit in its entirety.

INEC had released its first time-table on 7th September 7, 2010 while the second one was released on 23rd November, 2010.

NDP had conducted its primaries under the first time table but the electoral body refused to issue forms F001 and F002 to the party for not complying with the provisions of the second time table which it said supersedes the first one.

In view of this, the party approached the court asking it to declare the second time table null and void and also order INEC to issue Forms F001 and 002 to it so as to participate in the forth coming general election.

It further prayed the court to void the second time table, as it relates to guideline for conduct of the primaries and nomination of candidates for the April elections, on the ground that it offended its right to participate in the elections having nominated its candidates based on the first time table of September 7, 2010.

By Nnamdi Felix / Abuja

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