In a case that may have immediate political reverberations, Justice Mohammed Liman of the Federal High Court in Lagos today ruled that the present Independent National Electoral Commission (INEC) is not competent to organize any election in Nigeria. Delivering judgment in a suit filed by Femi Falana on behalf of the Osun State chapter of the Action Congress against INEC and four others, Justice Liman ruled that the membership of the electoral body was not properly constituted, and that any election conducted by INEC would consequently be unconstitutional. This rule comes less than 48 hours before INEC, which is currently led by Maurice Iwu, is to set to conduct a governorship election in Anambra. The ruling has cast the legitimacy of that election in serious question. In going to court to challenge the constitution of the current INEC, the AC had contended that the present chairman and four commissioners of INEC contravened section 159 of the 1999 Constitution which stipulates that INEC is to be run by
a chairman and 13 commissioners. The said section also stipulates that one–third of the 13 members (comprising five members) must be present before any decision could be taken. The plaintiffs sued INEC Chairman, Mr. Maurice Iwu, Mr. Phillip Umeadi, Mr. Victor Chukwuani, Mr. A Soyebi and the Resident Electoral Officer of Osun State as co-defendants. Delivering his verdict, the judge said it was shameful that Iwu and his commissioners could take the country for granted by perpetrating illegalities that they clearly knew was against the constitution of the land. Justice Liman dismissed the submission of INEC lawyers who challenged his jurisdiction. He stated that he was competent to entertain the matter. The judgment stressed the role of a properly constituted INEC in the country’s democratic progress. Judge Liman said, “Before I end this judgment, let me remark on a very sad note that INEC constitutes the most important indispensable bedrock on which our democratic institutions are built.” He went on to state that the electoral commission’s “functions are central to the smooth and enduring evolution of our political structure. It is not an overstatement to say that without a functional INEC, no election into any political office will be possible.” He then wondered “how come that in the 11th year of the country's journey into constitutional governance, we do not have an electoral body with its full complement of members?” The judge expressed profound disappointment that “We continue to pretend that all is well with our electoral system while its membership continues to drop from 13 to four and it seems we remain complacent as if all is well.”
