Jonathan, INEC, NSA, AGF sued over shifted polls

HOPE Democratic Party (HDP) has instituted an action against President Goodluck Ebele Jonathan, the Independent National Electoral Commission (INEC), the National Security Adviser (NSA) and the Chief of Defence Staff (CDS) challenging the legality of their role in events leading to a postponement of the 2015 general elections.

The Attorney General of the Federation (AGF) and Minister of Justice was also named as a co-defendant.

In the originating summons by counsel to HDP, Mr. Okechukwu Ehogwu, the plaintiff is praying the court “to declare that the purported postponement of the scheduled February 14, 2015 Presidential election was not in conformity with the provisions of the law since there was no natural disaster or natural emergency.”

The party also submitted that the letter of information of Chief of Defence Staff and the National Security Adviser dated February 3 to INEC on their inability and failure to guarantee security for Nigerians does not qualify as a natural disaster or emergency that could warrant election postponement.

The party which had already fielded a presidential candidate also prayed the court for a declaration that INEC was not under any duty or bound to obey or comply with any unverified or cogent reasons to postpone scheduled election in the absence of a natural disaster.

HDP also urged the court to hold that INEC as an electoral umpire is at liberty to device arrange, and procure any security arrangement or regional co-operation from within or outside the country to ensure a hitch-free election at scheduled general elections.

It therefore applied for an order of the court restraining the Chief of Defence Staff, NSA, President Jonathan and AGF from further interfering in the party’s right to participate in an election and to also stop the usurpation of powers of INEC under any guise.

The plaintiff also asked for the court order to compel the AGF to direct the due provisions of adequate securities by the civil authorities and other civil defence agencies with responsibilities of providing internal securities for the conduct of election by INEC.

In an 18 – paragraph affidavit in support of the originating summon, sworn to by one Mr Anderson Chike, the plaintiff averred that the grounds of postponing the February 14 elections by INEC were not cogent and verifiable reasons as required by law which stipulates only natural disaster and natural emergencies.