The recent ruling by Justice Peter Lifu of the Federal High Court, Abuja, declaring that the Electoral Act, not state electoral laws, should govern local government elections, has sparked outrage and concern among constitutional lawyers. The judgment has been met with condemnation, as it challenges the legal foundation provided by state laws that empower State Independent Electoral Commissions (SIECs).
Prominent constitutional lawyer Obe Agu, speaking on behalf of his colleagues, expressed deep concern over the implications of this ruling. He warned that if the decision is not overturned, it could invalidate local government elections already held in states such as Kwara, Anambra, and Imo, which relied on their respective SIEC laws. Agu and his peers have called for the National Judicial Council (NJC) to take action against Justice Lifu, citing a need to protect the integrity of Nigeria’s judiciary and democracy.
The ruling, which gives authority to the Independent National Electoral Commission (INEC) over state electoral bodies without a constitutional amendment, was described as an aberration by the lawyers. Agu highlighted that the Constitution provides for both INEC and SIECs to conduct elections within their respective jurisdictions and emphasized that only a constitutional amendment could change this responsibility.
In light of these concerns, constitutional experts are urging the NJC to intervene, stating that Lifu’s rulings could undermine the nation’s legal framework and the integrity of local government elections across the country. They further referenced a previous controversial ruling by Justice Lifu involving the decamping of politicians, which they viewed as part of a pattern of decisions threatening democratic principles.
