A registered political party, Hope Democratic Party (HDP), on Wednesday, dragged President Goodluck Jonathan, the National Security Adviser (NSA) and the Chief of Defence Staff (CDS) before the Federal High Court, Abuja over the postponement of the general election.

The plaintiff is challenging the legality of the powers of the defendants to effect a postponement of elections already scheduled by the Independent National Electoral Commission (INEC).

Also joined as co-defendants in the suit were the Attorney General of the Federation (AGF) and the INEC.

The plaintiff is asking the court, in the originating summons, 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.

The party also canvassed that the letter of information of CDS and the NSA, 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 wants 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.

It urged the court to hold that INEC, as an electoral umpire, was at liberty to device, arrange and procure any security arrangement or regional cooperation from within or outside the country to ensure a hitch-free election at scheduled general election.

HDP, therefore, applied for an order restraining the Chief of Defence Staff, NSA, President Jonathan and the 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.

The plaintiff also asked for the court order to compel the AGF to direct the due provisions of adequate securities by the civil authorities and other civil defence agencies with responsibilities of providing internal securities for the conduct of election by INEC.

In an 18-paragraph affidavit in support of the originating summons, the plaintiff averred that the grounds for postponing the February 14 elections by INEC were not cogent and verifiable reasons as required by law which stipulated only natural disaster and natural emergencies.

It also averred that the internal security, including that of election duties, were undertaken by police and other civil authorities and not the military, whose roles in elections was limited and complimentary in the event of major internal crisis.

The party stated that the justice of the case required due interpretation and construction of the sections of the relevant statutes and laws to restore the plaintiff and Nigerians’ trust in the conduct of future elections in Nigeria.

It will also curb 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.

No date has been fixed for the hearing of the suit.

Source: Tribune