Two lawyers in the Ondo State capital, Akure have sued the INEC chairman Attairu jega and INEC itself over the postponement of the General Elections from Feb 14 to march 28.
The two lawyers Messr Victor Olatoyegun Esq and Sola Ajisafe Esq. filed the suit as Counsel to Mr. Charles Titiloye today at the Federal High Court, Akure.
Titiloye is praying the Court to declare the Shifting/Postponement of General elections for the election of the President, Vice-President,Governors and members of National Assembly and state House of assembly from February 14 and 28 to March 28 and April 11, 2015 respectively by INEC Chairman Prof. Attahiru Jega on saturday, February 7th 2015, relying on the request from National Security Adviser as unconstitutional, null and void and a violation of the independence of Independent National Electoral Commission guaranteed by the constitution of federal Republic of Nigeria as Amended.
He further urge the Court to declare that Prof Attahiru Jega, the Chairman of INEC compromised the independence and neutrality of INEC by acting and relying on a letter requesting for postponement of General election by the National security Adviser who is a political appointee and aide to PDP Presidential candidate Dr Goodluck Jonathan to postpone the general Election. Titiloye is praying the Federal High Court to interpret section 26(1) of the Electoral Act and declare that INEC can only postpone election in AREAS where it is impracticable to hold election based on security situation which is cogent and verifiable and Prof Attahiru Jega and INEC wrongfully interpreted and relied on this section to Postpone election throughout Nigeria when only 14 local Government in 3 states (Borno, Yobe and Adamawa) were affected by the alleged unfavorable security situation.
The activist lawyer want the Court to declare that INEC is duty bound to verify and ascertain all allegation of security breaches or unsuitability of conduct of election before postponing election in any part of Nigeria and not merely rely on letters or correspondence from persons or authorities that are not under its supervision and control. The activist pray the Court to declare that there is no security situation in Ondo state requiring postponement of Election in the state. He urge the Federal High Court to perpetually restrain all the Defendants, Jointly and severally from further relying on unverified Correspondence by persons and authorities outside INEC or take any other step unknown to Electoral Act or Constitution to postpone or shift General Election schedule for March 28 and June 11, 2015.
The lawyer in his statement of claim before the Court avers that monitoring of election is the constitutional duty of the Police, DSS and civil defence who have their structures and institution throughout Nigeria and are always available for the security of the nation irrespective of military operation taking place in 14 local government area in the Northeastern Nigeria. He argued that based on section 26(1) of Electoral Act, Prof. Attahiru Jega. and INEC can only postpone election in these affected 14 local Government and not the entire Country. He said the 14 local Government is not up to 3 percent of the entire 774 local Government area in the country. He accused the INEC chairman of compromising the independence of INEC by giving effect to the interest Dr. Goodluck Jonathan, PDP candidate in the General election whose supporters and aides have been agitating for postponement of election. No date has been fixed for hearing of the suit by the federal High Court, Akure.