SAN FRANCISCO, March 21, (THEWILL) – Justice Abdulaaziz Waziri of a State High Court in Yola, Adamawa State, has ordered the Independent National Electoral Commission (INEC) not to conduct the governorship supplementary re-run slated for Saturday.
The judge said the polls should be put on hold until he rules on an application for an interlocutory injunction barring the INEC from conducting the polls and then adjourned the matter to Tuesday to give the ruling.
A political party, the Movement for Restoration and Defence of Democracy (MRDD) and its supposed candidate, Eric Theman, had asked the court to cancel the election on the grounds that the party’s logo is not on the ballot paper.
Lead counsel to INEC, Tanimu Inuwa (SAN), however, prayed the court to discharge the injunction on grounds that it has no jurisdiction to entertain the case.
He cited section 25 subsection 1 of the Constitution, saying that “INEC being a federal organ, challenging its decision should be through a federal high court not a state high court.”
He said the issues being canvassed before the court touched on the conduct of elections and that section 285 subsection 2 of the Constitution places conduct of an election in the purview of election tribunals.
He said that MRDD has no locus standi to approach the court because it has not fulfilled all the electoral process, adding that it has no interest in the case.
Adjourning the case to March 26, Justice Waziri ruled that he needed time to study the voluminous documents submitted by the counsel to the various parties.