Court gives INEC the nod to conduct C/River poll

Nnamdi Felix / Abuja

The Independent National Electoral Commission, INEC, on Thursday challenged the power of the Federal High Court to stop the scheduled Governorship election in Cross River state.

The electoral umpire pointedly told the court that it has no power under the law to stop it from conducting Saturday’s governorship election in the state. 

Mr. Ibrahim Bawa represented the electoral body at the resumed hearing of a suit filed by the All Nigeria Peoples Party, ANPP, and its governorship candidate in Cross River state, Dr. Obol Patrick Okomiso seeking an order of the court to restrain INEC from conducting Saturday’s governorship election in the state. 

Bawa, in his submission, relied on Section 87 (11) of the Electoral Act which robs any court of powers to stop INEC from conducting an election. “The plaintiffs are indirectly telling the court to ignore the rule by asking it to restrain INEC from going ahead with Saturday’s election in Cross River state” he contended. 

Meanwhile, the court granted the application brought the by former Governor Liyel Imoke, who is also the Peoples Democratic Party, PDP, for the proposed election by joining him as a party in the suit. 

While adjourning further hearing on the matter till March 19, the trial Judge, Justice Abdul Kafarati directed that parties be put on notice and refused ANPP’s application for status-quo to be maintained. 

ANPP and its governorship candidate had filed a motion exparte seeking for an order stopping INEC from conducting governorship election in Cross River state on the ground that the electoral body has no power to reschedule the election to less than 48 days from the initial date fixed for the said election. 

According to them, the election had been earlier scheduled by INEC to hold on the 14th of April, 2012 in view of the mandatory timetable set by the Electoral Act for submission of names and addresses of party candidates for that election.They argued that, “Apart from the inconvenience to the parties of suddenly shortening the period they had already taken for granted as available for their preparations for the election, the abridgment of time is ultra vires, null and void and would be a ground for nullifying the election, if conducted.”. They also asked the court for an order directing INEC to maintain status quo, that is as at 15th of February, 2012, to refrain from taking further action or steps regarding the revised timetable for the conduct of the election into the office of Governor of Cross River State of Nigeria pending the hearing and determination of their case.