Condemnation and shock have greeted the judgement delivered by Justice Peter Lifu of the Federal High Court, Abuja, that the Electoral Act is the law for Local Government elections, and not state electoral laws giving legal backing for State Independent Electoral Commissions (SIECs).
Expressing disappointment and disillusionment over the strange judgment, Constitutional Lawyers said if not vacated, the ruling portends danger of undermining the already held local government elections in Kwara, Anambra, Imo, and other states which depended on their enabling SIEC laws respectively.
Constitutional Lawyers, led by Obe Agu, Esq, in a statement reacting to Monday'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 Nigeria's democracy.
They said the judgment, 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 misdemeanors of Justice Lifu, said a few days ago, the same judge delivered another judgment for the 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 the NJC before it is too late for Nigeria's judiciary, which is already under public opprobrium.
"The judgment delivered today by Justice Peter Lifu of the Federal High Court, Abuja, that the Electoral Act is the law for Local Government elections, 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 judgment of Lifu, which is nothing but constitutional aberration and cash-and-carry market for his benefactors who are bent on fomenting trouble, especially in Rivers State where local government elections 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 the 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 tier of government in the 36 states only if the apex legislature amends the Constitution, transferring the responsibility to it to conduct the exercise.
"Yakubu harped that, 'the same Constitution that creates INEC also creates the State 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 judgment for the 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 judgment on LGA elections and is a threat to states 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 are at risk of being undermined if this strange judgment 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 Nigeria's democracy."
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