By: Monday Danladi , Bauchi
Bauchi State chapter of the Social Democratic Party (SDP) has dragged the Bauchi State Independent Electoral Commission (BASIEC) to court over certain irregularities in the procedure adopted in the proposed Local Government Area elections in Bauchi State holding on Saturday, 17th August, 2024 .
In the Originating Summons filed by their team of lawyers, led by Hyginus Ibega Esq, in Suit No:FHC/ABJ/CS/1186/2024, the Plaintiff sought the judicial intervention of the Court over Sections 28,29 of the electoral Act, 2022 as regards the timeline for the notification of political parties of elections and timeline for political parties to submit their list of candidates.
The Plaintiff ‘s grouse according to the Originating Summons was inter alia that the 1st Defendant fixed a time table for the elections in such a manner that brazenly offends the Electoral Act, 2022 and the 1999 Constitution of the Federal Republic of Nigeria.
The Plaintiff/Applicant (SDP) moved a motion for interim injunction restraining the 1st Defendant from conducting the elections pending the determination of the motion on notice.
The SDP approached the court for a declaration that the 1″ Defendant in conducting an election Into the 20 local government councils of Bauchi State, is under duty to publish a notice of such election within a period of time not later than 360 (days) before the day appointed for holding an election into the 20 Local Government Councils of Bauchi State, going by a purposeful interpretation of the provisions of Section 28 of the Electoral Act, 2022
That the Bauchi State Independent Electoral Commission (BASIEC) Guidelines for the conduct of the Local Government Elections 2024 which prescribed a period of less than 180 days for the submission of the list of Candidates that political parties intend to sponsor in the elections is contrary to Section 29, 150 of the Electoral Act, 2022 and Paragraph 11 and 12 of Part II of the 2nd Schedule to the 1999 Constitution of the Federal Republic of Nigeria as amended, and is therefore null and void.
It also wants an order of the Honourable Court nullifying the electoral exercise of the 1st Defendant or the result of such electoral exercise on 17th August, 2024 or on any other later date that does not comply with Sections 28, 29 and 150(1) (2) and (3) of the Electoral Act, 2022
An Order of the Honourable Court directing the 1 Defendant to commence the process for the conduct of the elections into the 20 Local Government Councils in Bauchi State in total compliance with Section 28 of the Electoral Act, 2022 by publishing a Notice of the date of the election not less than 360 days before the date of the election.
Another Order of the Honourable Court directing the 1 Defendant to commence the process for the conduct of the elections into the 20 Local Government Councils in Bauchi State in total compliance with Section 29 of the Electoral Act, 2022 by prescribing the submission of the list of candidates by political parties to the 1st Defendant not later than 180 days to the date of the election.
And such additional or further Orders this honourable Court may deemed fit/just to make in the circumstance of the case.
However, the Federal High Court, Abuja per Hon. Justice Emeka Nwite ruled against the Plaintiff and asked that the Defendants be put on notice.
The matter is adjourned to 29th August, 2024 for continuation.
