THE controversy generated recently by Section 140(2) of the Electoral Act (as amended), which barred election tribunals from declaring a candidate a winner without going through an election, was, yesterday, laid to rest, as a Federal High Court sitting in Lagos, nullified the section.
The court held that election tribunals have the powers to declare who won an election, where it had been proved beyond reasonable doubt.
Justice Okechukwu Okeke, trial judge in the suit by the Action Congress of Nigeria, ACN, against the National Assembly, challenging the legality of Sections 140(2) as amended, reaffirmed the powers of the court or tribunal to declare a candidate as a winner in an election.
The section, as amended, stated that the court or tribunal was only empowered to order for a re-run of an election and not declare a straight winner.
The court, however, left Section 141 of the Electoral Act, as amended, earlier conceded by ACN and Section 87(8) which it regarded as constitutional.
In its ruling the court said Section 141 remained valid and should remain, in an agreement with the positions of parties because “whoever does not participate in party primaries or takes part in an election cannot be declared as the winner.”
On Section 87(8) of the Electoral Act, the court held that if elections must be free and fair, all parties must be on the same level playing ground, hence the section was relevant.
Justice Okeke said: “It is my humble view that Section 87(8) is a valid provision in the interest of peace, so that all contestants will be on equal footing.”
Inconsistency
ACN had prayed the court to strike out Section 87(8) of the Electoral Act 2010, as amended, for being inconsistent with Section 40 of the 1999 Constitution, as amended and is accordingly in operative, null and void.
The party had urged the court to declare that the enactment of Section 140(2) of the Electoral Act 2010 as amended was ultra vires the powers of the National Assembly by virtue of sections 1(3), 4(8), 6(1)&(2), 6(6)(a)&(b), 239(1), 246 and 285 of the 1999 constitution as amended and, therefore, unconstitutional, null and void in so far as it purports to oust, circumscribe and/or limit the constitutional powers of court.
ACN had urged the court to nullify that section of the Electoral Act for being in violation of the sections of the constitution.
The National Assembly had urged the court to dismiss the suit on the ground that the massive public concern on the two identified issues informed the promulgation of Section 87(8), 141 and other relevant provisions of the Electoral Act, 2010 as amended.
It queried the locus standi of ACN to institute the suit, arguing that while it agreed that any Act of the National Assembly that was in conflict with any provision of the constitution is null and void, it, however, disagreed that the National Assembly had no constitutional competence to enact Section 140(2) of the Electoral Act, 2010.
Click to signup for FREE news updates, latest information and hottest gists everydayThe court held that election tribunals have the powers to declare who won an election, where it had been proved beyond reasonable doubt.
Justice Okechukwu Okeke, trial judge in the suit by the Action Congress of Nigeria, ACN, against the National Assembly, challenging the legality of Sections 140(2) as amended, reaffirmed the powers of the court or tribunal to declare a candidate as a winner in an election.
The section, as amended, stated that the court or tribunal was only empowered to order for a re-run of an election and not declare a straight winner.
The court, however, left Section 141 of the Electoral Act, as amended, earlier conceded by ACN and Section 87(8) which it regarded as constitutional.
In its ruling the court said Section 141 remained valid and should remain, in an agreement with the positions of parties because “whoever does not participate in party primaries or takes part in an election cannot be declared as the winner.”
On Section 87(8) of the Electoral Act, the court held that if elections must be free and fair, all parties must be on the same level playing ground, hence the section was relevant.
Justice Okeke said: “It is my humble view that Section 87(8) is a valid provision in the interest of peace, so that all contestants will be on equal footing.”
Inconsistency
ACN had prayed the court to strike out Section 87(8) of the Electoral Act 2010, as amended, for being inconsistent with Section 40 of the 1999 Constitution, as amended and is accordingly in operative, null and void.
The party had urged the court to declare that the enactment of Section 140(2) of the Electoral Act 2010 as amended was ultra vires the powers of the National Assembly by virtue of sections 1(3), 4(8), 6(1)&(2), 6(6)(a)&(b), 239(1), 246 and 285 of the 1999 constitution as amended and, therefore, unconstitutional, null and void in so far as it purports to oust, circumscribe and/or limit the constitutional powers of court.
ACN had urged the court to nullify that section of the Electoral Act for being in violation of the sections of the constitution.
The National Assembly had urged the court to dismiss the suit on the ground that the massive public concern on the two identified issues informed the promulgation of Section 87(8), 141 and other relevant provisions of the Electoral Act, 2010 as amended.
It queried the locus standi of ACN to institute the suit, arguing that while it agreed that any Act of the National Assembly that was in conflict with any provision of the constitution is null and void, it, however, disagreed that the National Assembly had no constitutional competence to enact Section 140(2) of the Electoral Act, 2010.
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