Nwoga, who is the Zonal Vice Chairman of APC in Enugu East Senatorial District, filed the suit March 2 through his lawyer, Godwin Onwusi Esq . In his motion on notice, supported by 25-paragraph affidavit, Nwoga is praying the court for an interlocutory injunction restraining the President of the Federal Republic of Nigeria from assenting to the Bill pending the determination of the substantive suit.
The motion on notice was brought pursuant to orders 26 and 28 of the Federal High Court (Civil Procedure) Rules 2009 and under the inherent jurisdiction of the honourable court,
Aside the National Assembly, which was listed as the 1st defendant/respondent, others listed as 2nd to 4th defendants/respondents in the suit are INEC, the President and the Honourable Attorney General of the Federaion (AGF).
Apart from the prayer for interlocutory injunction restraining the President, 3rd defendant, from assenting to the bill, Nwoga is also praying for an order of interlocutory injunction, restraining the National Assembly from overriding the President’s veto, should he decide to veto the bill pending the determination of the substantive suit.
The plaintiff pleaded for an order of interlocutory injunction restraining INEC from complying with the sequence of elections contained in the bill passed and such further orders as the court may deem fit to make in the circumstance, pending the deterrmination of the substantive suit.
Specifically, the plaintiff, is asking the court to, among other things, determine:
*“whether the National Assembly in exercise of its lawmaking powers can make laws to compel INEC to exercise the powers to organize, undertake and supervise elections conferred on it by the constitution in a particular sequence”;
*”whether the National Assembly in exercise of her law making powers can make a law to change the sequence of elections, already adopted and published by INEC, pursuant to the powers conferred on it by the constitution”; and
*”upon the determination of the questions, to make the following orders.
“A declaration that the National Assembly cannot make laws to compel Independent National Electoral Commission, INEC, to exercise the powers conferred on it by the constitution to conduct election in a particular order.
“A declaration that the recent bill adopted by the two chambers of the National Assembly, which altered the sequence of the 2019 elections, already adopted and published by INEC pursuant to the powers conferred on it by the constitution, is a usurpation of the constitutional powers of INEC, hence unconstitutional.
“An order of perpetual injunction restraining the 3rd defendant from assenting to the bill changing the sequence of elections, already adopted and published by the 2nd defendant, when it is presented to him for assent.
“An order restraining the 2nd defendant from complying with the sequence contained in the bill or the Law, if assented to by the 2nd respondent.
“Any further or other orders or consequential Orders that the Court may deem fit to make in the circumstances of the case.
It will be recalled that Naija News had earlier reported on how the Bill changed the sequence of the 2019 elections, earlier adopted and published by the Independent National Electoral Commission (INEC).
Source: Naija News