The wave of condemnation and shock continue to trail the Federal High Court judgment presided by Justice Peter Lifu on Monday in Abuja, where he imposed the Constitution of on Local Government Council elections, saying that the Independent National Electoral Commission, INEC should not release election materials for the election slated for Saturday in Rivers.
This is even as the Constitution has not been amended to empower the Federal electoral umpire to conduct Local Government Elections, hence, the Justice Lifu-led Federal High Court judgment was seen as strange to Nigerian laws.
CAPITAL POST recalled that the same judge recently delivered judgment in favour of pro-Nyesom Wike where he submitted that decampment is a pre election matter.
Expressing disappointment and disillusionment over the strange judgment, Constitutional Lawyers said, if not vacated, the ruling portend danger of undermining the already held local government elections in Kwara, Anambra, Imo, and other states which depended on their enabling SIECs laws respectively.
The Constitutional Lawyers led by Obe Agu, Esq in a statement reacting to today’s verdict by Justice Lifu called on the National Judicial Council to stop him from sitting as a Federal High Court Judge if the judiciary cares about integrity and sustenance of the Nigeria’s democracy.
They said the judgement, which imposes Independent National Electoral Commission (INEC) laws over State Electoral Bodies in LGA elections without Constitution Amendment is strange to our laws.
The Constitutional Lawyers while lamenting further on the recent misdemeanours of Justice Lifu, said a few days, same judge delivered another Judgement for Pro Wike group that decampment is a pre election matter.
Agu on behalf of his colleagues reiterated the need for the Judge to be stopped from exhibiting his antics now by NJC before it is too late for Nigeria’s judiciary which is already under public opprobrium.
“The judgement delivered today by Justice Peter Lifu of the Federal High Court, Abuja that the Electoral Act is the law for Local Government election, and not state electoral laws of State Independent Electoral Commissions (SIECs) comes to us as a rude shock and rape on the nation’s judiciary as well as democracy.
“We condemn this criminal judgement of Lifu which is nothing but Constitutional aberration and cash and carry market for his benefactors who are bent on formenting trouble, especially in Rivers State where local government election are holding on Saturday.
“If not for mischief, the same Constitution that established INEC also gives legal backing to SIECs hence both bodies are saddled with responsibility of conducting elections at the appropriate tiers and no one can substitute the other except there is a constitutional alteration.
“Where was Justice Lifu because Nigerians can still recall that on July 25, the erudite Chairman of INEC, Professor Mahmood Yakubu told the National Assembly that
the commission can conduct elections into the third of government in the 36 states only if the apex legislature amend the Constitution, transferring the responsibility to it to conduct the exercise.
“Yakubu harped that; ‘the same Constitution that creates INEC also creates the States Electoral Commissions. So it is up to the National Assembly to amend the law to transfer that responsibility to the INEC’.
“But while that has not been done, Justice Lifu who recently delivered another Judgement for Pro Wike group that decampment is a pre election matter, now turns around to rule that INEC should conduct elections into local government councils.
“This judgment undermines Supreme Court Judgement on LGA Election and is a threat to State that have held polls and those that are yet to hold their LGA elections. Also, already held LGA Elections in Kwara, Anambra, Imo, and other states at risk of been undermined if strange judgement is not vacated.
“We are calling on the National Judicial Council to stop him from sitting as a Federal High Court Judge if the judiciary cares about integrity and sustenance of the Nigeria’s democracy.”
