Election sequence: Court dismisses APP’s application to join suit

A Federal High Court in Abuja has dismissed an application by the newly registered Action Peoples Party (APP) seeking to join the suit challenging the reordering of the 2019 election sequence by the National Assembly.

Justice Ahmed Mohammed in a ruling yesterday held that the APP was not a necessary party to be joined in the suit despite being a registered political party.

He said since there are other political parties, who may be interested in the matter, admitting the party may lead to multiplicity of similar applications, and suggested each party can pursue their matters alone.

“Applicant may be a desirous party, being a registered political party in Nigeria, that does not confer it to be a party in this suit,” the judge said.

Earlier, counsel to the APP, Kingdom Okere told the court that the political party is in support of the Electoral Act (Amendment) Bill, 2018 as proposed by the National Assembly, arguing that altering of sequence of election was not same as date of election, which the Independent National Electoral Commission (INEC) has the constitutional discretion to make.

Counsel to Accord Party, who filed the suit challenging the reordering of the election sequence, Wole Olanipekeun (SAN) objected to the application for the joinder, arguing that the application was faulty as it does not have the necessary stamp and seal.

Meanwhile, the Attorney General of the Federation, Malami has criticized an alleged protest letter said to have been sent by the Senate to the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen over what it said is an attempt to restrain an independent arm of government from performing its constitutional mandate.

Malami, who was making his submissions during the hearing on the sequence of elections, noted that the “threat and intimidation of one arm of government or another is quite unfortunate.

“Most especially when the National Assembly has indeed submitted to the jurisdiction of this honourable court as far as this matter is concerned.

“We have a duty to respect the principle of separation of powers, as well as the independence of the judiciary. It is constitutionally guaranteed so we must work hard to ensure that independence,” he said.

The case has been adjourned to Monday March 26 for hearing.