The Action People’s Party and its National Chairman, Mr Ikenga Ugochinyere, have urged the Federal High Court in Abuja to quash the Independent National Electoral Commission’s ban on campaigns by political parties till the new date of the presidential and National Assembly elections.
INEC is the sole defendant in the suit, marked FHC/ABJ/CS/206/2019, which was filed on behalf of the plaintiffs by their lawyer, Obed Agu, on Monday.
Campaigns by political parties had ended last Thursday ahead of the polls originally scheduled to hold last Saturday.
However, citing logistical and operational issues, INEC had postponed the elections few hours to the scheduled time and fixed February 23 as the new date.
The commission, through its Chairman, Prof. Mahmood Yakubu, had also on Saturday barred further campaigns by political parties.
But the Coalition of United Political Parties has directed its members to defy INEC and proceed with their campaigns which it said the law allowed to continue up till 24 hours to the polls.
Challenging the directive by INEC, on Monday, the APP and Ugochinyere, who doubles as the spokesperson for the CUPP, filed their suit, urging the court to quash the ban on campaigns.
The plaintiffs argued that by virtue of “the combined effect of the mandatory statutory provisions of Sections 99(1), 100(1) and 101(1) of the Electoral Act, 2010 (as Amended)” INEC could not validly bar campaigns by registered political parties for the 2019 general elections before a period earlier than 24 hours prior to the date of the election.”
They also asked the court to determine, “whether by sections 99 (1), 100(1) and 101(1) of the Electoral Act, 2010 (as Amended) the announcement, directive or order by INEC directing registered political parties, including the APP, to stop or end their campaigns for the 2019 general elections on February 14, 2019 for polls that will hold on February 23, 2019 is not ultra vires its powers, illegal, null, void and of no effect whatsoever.”
They filed along with their suit, an ex parte application urgently seeking “an order of injunction restraining the defendant…from stopping, ending or in any other manner whatsoever giving effect to the directive or order purported ending or stopping campaigns by political parties for the 2019 general elections on February 14, 2019 pending the hearing and determination of the substantive suit.”
In their substantive suit, the plaintiffs sought among others, “a declaration that INEC cannot issue any directive or make any order stopping, barring or ending campaigns by registered political parties, including the APP, for the 2019 general elections to a period other than 24 hours prior to the date of the elections;
“A declaration that the announcement, directive or order by INEC directing political parties, including the APP, to stop or end their campaigns for the 2019 general elections on February 14, 2019 for polls that will hold on February 23, 2019 is ultra vires its powers, illegal, null, void and of no effect whatsoever; and a declaration that in view of the postponement of the 2019 Presidential and National Assembly elections till February 23, 2019, the APP and indeed all registered political parties in Nigeria are legally entitled, pursuant to sections 99(1), 100(1) and 101(1) of the Electoral Act, 2010 (as Amended), to resume forthwith and/or recommence campaigns until February 21, 2019 been 24 hours prior the date of the elections.”
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