By Innocent Anaba

A FEDERAL High Court sitting in Lagos, presided over by Justice Okechukwu Okeke, Wednesday, adjourned ruling till June 30, on the suit by Action Congress of Nigeria, ACN, in which it is seeking the nullification of Sections 140(2) and Section 87(8) of the Electoral Act 2010 as amended for being unconstitutional, null and void.

The said new provisions, ousts and limits the constitutional powers of court or election tribunals to grant relief in an election petition as the justice of each case may require.

At the resumed hearing in the matter, ACN conceded that section 141 of the Electoral Act 2010 as amended, earlier sought to be struck out was constitutional and should be allowed to stay in the Act by the court, but asked the court to strike out section 87(8) of the Electoral Act 2010 as amended, which it argued was inconsistent with section 40 of the 1999 constitution, as amended and is accordingly in operative, null and void.

ACN through its counsel, had asked the court to declare that the enactment of Section 140(2) of the Electoral Act 2010 as amended is ultra vires the powers of the National Assembly by virtue of sections 1(3), 4(8), 6(1)&(2), 6(6)(a)&(b), 239(1), 246 and 285 of the 1999 constitution, as amended and therefore unconstitutional, null and void in so far as it purports to oust, circumscribe, fetter and/or limit the constitutional powers of court or election tribunals to grant relief in an election petition as the justice of each case may require.

ACN is praying the court to strike out that the section of the Electoral Act for being in violation of sections of the constitution and therefore unconstitutional, null and void.

Two identified issues

The National Assembly through their counsel, has asked the court to dismiss the suit, arguing that public concern on the two identified issues informed the promulgation of section 87(8), 141 and other relevant provisions of the Electoral Act, 2010 as amended.

The federal lawmakers, challenged the locus standi of the party to institute the suit, arguing that while any Act of the National Assembly that is in conflict with any provision of the constitution is  null and void they  disagree that the National Assembly has no constitutional power to enact section 140(2) of the Electoral Act, 2010.

According to them, the constitution has in section 4(1) and (2) and item 2 of the Exclusive legislative list granted the National Assembly powers to enact sections 141 and 87(8) of the Electoral Act and that this provisions is in no way conflict with the constitution and rejected claims of the plaintiff that the two sections be struck down as the enactment of section 87(8) and 141 of the electoral Act 2010 as amended are regular, valid and constitutional.