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NBA faults court verdict on Electoral Act

By  Innocent Anaba
LAGOS — President of Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN, has faulted the recent Federal High Court, Abuja, judgment, which nullified sections 140 (2) and 141  Electoral Act 2010.

He also  said the association, will host about 10,000 lawyers in Port-Harcourt, Rivers State, at its annual general conference coming up next month.

Addressing newsmen in Lagos, Daudu, said the theme of the conference was ‘Sustaining an Enduring Democracy in Nigeria,’  while Prof Wole Soyinka will deliver the key note address.

On the court judgment, which nullified sections 140 (2) and 141  Electoral Act 2010, he said: “I will not like to comment on the judgment because the decision is still appealable and I would not like to prejudice the matter.

“I will only limit my comment to the effect of the judgment. What effect do you think the judgment has? To me, it has no real effect because it does not change anything. The old position of the law has not been reinstated by the judgment and could not have been.

Does the judgment mean you can now go ahead to pronounce the next candidate with the highest number of votes the winner of election? Of course it does not. You cannot go beyond what the legislation says. This is because the old law has been repealed by the new legislation and a repealed legislation stands repealed, no more, no less.”

“Judges cannot make law themselves, their role is limited to interpreting the law. So the position remain the same until the National Assembly amends the law,” he added.

On the coming annual general conference of the association, Duadu noted that close to 10,000 lawyers across the country would attend the Port Harcourt meeting, adding that the executive of the association was doing everything within its powers to make it a memorable event.

He said “We are assuring all lawyers of security during the coming conference. We had liaised and still liaising with the entire securities network in the country to provide extra security throughout the duration of the conference.

“We will also make use of private security outfits. So the security will be tight and  you cannot get to the venue of the event if you don’t have the business being there. Nobody without a personal identification tag will be allowed into any of the venues of the conference.

Even if you are an invited speaker and you don’t have your tag on, you will not be allowed to go in. You will be asked to go back and only return with it. We will also want the participants to cooperate with us regarding the guidelines we issue on security matter,” he added.


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