INEC Sued For Negligence
By Nnamdi Felix/Abuja
Ahead of the fast approaching 2011 general elections, a Federal High Court sitting in Abuja has adjourned till 22 February, 2011, ruling on a preliminary objection filed by the Independent National Electoral Commission, INEC, challenging a suit instituted against the electoral body for its negligence in the conduct of polls into the Abuja Municipal/Bwari Federal Constituency seat in the Federal Capital Territory during the 2007 general election.
The electoral body had negligently failed to include the logo and party symbol of the All Progressive Grand Alliance, APGA, in the ballot papers it used to conduct that election which was won by the plaintiff, Hon. Nasiru Muhammed of the All Nigerian Peoples Party.
The election was later nullified by the Election Petition Tribunal as well as the Court of Appeal on the ground of the non inclusion of APGA’s logo as prescribed by the Electoral Act 2006.
The appellate court, while affirming the decision of the Election Petition Tribunal, blamed INEC for negligence of duty and ordered for a rerun election which the Peoples Democratic Party candidate later won and was returned to the National Assembly.
Incensed by INEC’s negligence, Hon. Nasiru Muhammad dragged the electoral body to court and asked the court to hold that INEC should pay him N10 million as damages for its failure to include All Progressive Grand Alliance logo in the ballot papers it used to conduct polls into Abuja Municipal/Bwari Federal Constituency seat in the Federal Capital Territory which subsequently cost him his victory at that election.
INEC is challenging the competency of the suit and had caused several adjournments in its bid to stall the proceedings but Justice Adamu Bello finally fixed the February 2011 date for the ruling on the electoral body’s preliminary objection.
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