Lawyers criticise 2019 election postponement

Senior lawyers have warned that the rescheduling of the 2019 general elections is a sign that the country’s democracy is under threat. INEC Chairman Prof Mahmoud Yakubu announced the postponement of the Presidential and National Assembly elections in the early hours of Saturday, the day fixed for the elections, citing logistic reasons. Reacting to the […]

Senior lawyers have warned that the rescheduling of the 2019 general elections is a sign that the country’s democracy is under threat.

INEC Chairman Prof Mahmoud Yakubu announced the postponement of the Presidential and National Assembly elections in the early hours of Saturday, the day fixed for the elections, citing logistic reasons.

Reacting to the development, Paul Erokoro (SAN) said Nigerians should be concerned with the statement of the spokesman of President Muhammadu Buhari Campaign Council that INEC has been infiltrated and compromised, and questioned why no arrests has been made following the revelation.

He added that the postponement has more political than legal implications because, according to him under the law, INEC has the powers and is still within time to conduct the election.

Also speaking, Niyi Akintola (SAN) said although the electoral body has the powers under the Electoral Act to postpone elections, the manner the postponement was made would have a negative impact on the credibility and fairness of the elections.

“It is highly despicable and not well-thought out. Waiting till midnight to announce the cancellation after INEC came on air to debunk the news at midnight that the election would be postponed is highly condemnable,” he said.

“INEC cannot record the same number of voter turnout especially for those who have already travelled. Even the president travelled to his hometown to vote, including myself. You can imagine what has happened.”

Also speaking, constitutional lawyer, Sebastine Hon (SAN) said although Section 26(1) of the Electoral Act, 2010 as amended has permitted INEC to postpone elections, the present postponement is a “gross abuse of statutory powers,” adding that the shift has put Nigeria’s democracy under threat.

“No tenable reason was advanced for it; and indeed, none exists, in my estimation. Speculation was rife three days ago that INEC was planning postponement, but INEC chairman came out to lie to the nation that there were no such plans, only for him to announce the postponement in the night preceding the exercise! This is the height of wickedness and signposts the weakness of the leadership of INEC,” he said.

“This has badly exposed INEC as having the tendency to compromise our elections. The timing of the shift shows without doubt that some underhand influences have been brought to bear on a body designated ‘independent’ by the constitution itself,” Hon said.