There is a lot of upset and surprise about a recent court decision by Justice Peter Lifu from the Federal High Court in Abuja. The decision said that the rules for local government elections should come from the Electoral Act, not from the state rules for local elections.
Many constitutional lawyers are not happy with this decision. They worry it could cause problems for past local government elections in states like Kwara, Anambra, Imo, and others that used their own state election rules.
One of these lawyers, Obe Agu, and his colleagues are especially disappointed. They think the National Judicial Council should stop Justice Lifu from being a judge. They believe this is important for keeping Nigeria’s democracy strong.
The lawyers say that Justice Lifu’s decision is odd because it makes the Independent National Electoral Commission (INEC) rules more important than state election rules without changing the Constitution. This doesn’t make sense to them.
Obe Agu also mentioned another recent case where Justice Lifu made a strange decision. He ruled that switching political parties is something to be decided before an election, which they also think is wrong.
In simpler terms, Agu and his team think Justice Lifu’s decisions are causing trouble and confusion, and they want it to stop now before it gets worse.
For example, Agu stated, “The decision by Justice Peter Lifu today surprises us and is very bad for our legal system and democracy. This judgment is like someone taking unfair advantage of our system for selfish reasons, especially with local elections in Rivers State happening soon.”
They argue that both INEC and the State Independent Electoral Commissions have their own roles in elections, according to the Constitution. Changing this would need a proper amendment to the Constitution.
Agu asked where Justice Lifu was when INEC Chairman, Professor Mahmood Yakubu, told the National Assembly that INEC can only run local elections if the law is changed. He stressed that the Constitution gives both INEC and state bodies their own duties, and no one can change this without updating the law.
The lawyers feel that Justice Lifu’s decision could harm the credibility of past local elections and create chaos for upcoming ones.
They urge the National Judicial Council to take action against Justice Lifu to protect Nigeria’s democratic system.