Court declares INEC unfit to conduct elections

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Says membership of commission not properly constituted. As the independent National Electoral Commission (INEC) gears up for tomorrow's governorship election in Anambra State, Justice Mohammed Liman of the Federal High Court in Lagos yesterday ruled that the present electoral body is not competent to organize any election in Nigeria.

According to Saharareporters, delivering judgment in a suit filed by Femi Falana on behalf of the Osun State chapter of the Action Congress against INEC and four others, Justice Liman ruled that the membership of the electoral body was not properly constituted, and that any election conducted by INEC would consequently be unconstitutional. Coming less than 48 hours to the Anambra poll, there are concerns that it may cast legitimacy question on the election.In going to court to challenge the constitution of the current INEC, the AC had contended that the present chairman and four commissioners of INEC contravened section 159 of the 1999 Constitution which stipulates that INEC is to be run by a chairman and 13 commissioners. The said section also stipulates that one–third of the 13 members (comprising five members) must be present before any decision could be taken.The plaintiffs sued INEC chairman, Maurice Iwu, Phillip Umeadi, Victor Chukwuani, A Soyebi and the Resident Electoral Officer of Osun State as co-defendants.Delivering his verdict, the judge said it was shameful that Iwu and his commissioners could take the country for granted by perpetrating illegalities that they clearly knew was against the constitution of the land.Justice Liman dismissed the submission of INEC lawyers who challenged his jurisdiction. He stated that he was competent to entertain the matter.

Source: Court declares INEC unfit to conduct elections