The attempt by lawmakers to legislate the order of election is not entirely new having travelled this route before in 2002. That year, the legislators attempted a similar amendment of the Electoral Act with the enactment of Section 15 of the Electoral Act 2002, in relation to fixing the order of elections into the offices of the President, National Assembly along with governors and state houses of assembly elections. At that time, the incumbent President withheld assent but was vetoed by the lawmakers. Their action was further challenged by the INEC in the case of NASS vs The President at the Federal High Court.

The court subsequently struck down the said provision as unconstitutional and inconsistent with the provisions of sections 76, 116, 132 and 178 all of which stipulated that “Elections…. shall be held on a date to be appointed by the Independent National Electoral Commission”.

Thereafter, the National Assembly appealed against the judgment at the Court of Appeal and again in a unanimous judgment, the court as per Justice Oguntade. (J.C.A) who delivered the leading judgment affirmed the decision of the lower court and even went further to state that, but for the fact of the wide disruption of our national life that may ensue given that the Act was already being used for the 2003 election, it would have nullified the entire Electoral Act but however declared the provision of section 15 of the 2002 Electoral Act unconstitutional, given the provisions of sections 76, 116, 132 and 178 as they were in the textual form at that time.


Culled from www.vanguardngr.com/2018/02/2019-buhari-inec-nass-three-way-face-off/amp/

See also

http://allafrica.com/stories/200305140200.html