BEVERLY HILLS, February 11, (THEWILL) – Hope Democratic Party (HDP) Wednesday asked a Federal High Court sitting in Abuja to issue an order to stop President Goodluck Jonathan, the National Security Adviser (NSA) and the Chief of Defence Staff (CDS) from further interfering in the elections processes as it questioned the legality of the postponement of elections by the defendants when already the Independent National Electoral Commission (INEC) had scheduled the elections to hold in February.
Although no date has yet been fixed for hearing of the suit, joined as co-defendants in the suit filed on behalf of the party by its counsel, Mr. Okechukwu Ehogwu, are the Attorney General of the Federation (AGF), Minister of Justice and INEC.
In the originating summon issued by Ehogwu, HDP is asking the court to declare that the purported postponement of the scheduled February 14 Presidential election was not in conformity with the provisions of the law since there was no natural disaster or natural emergency.
Arguing 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 did not qualify as a natural disaster or emergency that could warrant election postponement, the party also asked the court to declare 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.
The party also urged the court to hold that INEC as an electoral umpire was 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.
The party therefore applied for an order 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.
In an 18 – paragraph affidavit in support of the originating summon, sworn to by one Mr Anderson Chike, the plaintiff also asked for an order to compel the AGF to direct the provision of adequate security by the civil authorities and other civil defence agencies with responsibilities of providing internal securities for the conduct of election by INEC.
It 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.
It also averred that the internal security including that of election duties are undertaken by police and other civil authorities and not the military whose roles in elections are limited and complimentary in the event of major internal crisis.
The affidavit further claimed that the involvement of the Chief of Defence Staff and NSA in purely civil duties was wrong and reasons so adduced only exposes INEC to future vulnerability of mis-chief and abuse of military and intelligential powers in favour of themselves and their benefactors.
The party also maintained that INEC was required only to stick strictly to the constitutional and electoral laws to avoid intended obvious mischief and truncation of the nascent democracy.
It stated that the justice of the case requires a due interpretation and construction of the sections of the relevant statutes and law to restore the trust of the plaintiff and Nigeria citizens in the conduct of future election in Nigeria and prevent undue interferences to the detriment of the plaintiff in the sponsor of its candidates and its projected time and expenses at elections when scheduled as provided by law.
It maintained that unless the defendants were reprimanded and restrained from further violation and whimsical application of the laws and interferences thereof, their actions may inadvertently lead to unimaginable crisis in the polity and the country at large especially where foreign observers and citizens have adjusted and prepared for the elections as scheduled.
