The Hope Democratic Party on Wednesday filed a suit before the Federal High Court, Abuja challenging the postponement of the general elections.
The party joined the Independent National Electoral Commission, the National Security Adviser, the Chief of Defence Staff, the Attorney-General of the Federation and Minister of Justice as co-defendants.
HDP, in its originating summons, filed by Okechukwu Ehogwu, its counsel, is challenging the defendants’ powers to postpone the elections earlier scheduled forFebruary 14 and 28 by INEC.
The plaintiff is also asking the court to declare that the postponement of the said elections was not in conformity with the provisions of the law.
HDP contended that the postponement was illegal since there was no natural disaster or natural emergency, being the only constitutionally stipulated cogent reasons to postpone elections.
The party argued that the NSA and CDS’ letters dated February 3 to INEC on their inability and failure to guarantee security for Nigerians, did not warrant the postponement.
The plaintiff, therefore, urged the court to declare that INEC was not under any obligation to comply with any unverified reasons to postpone the said elections.
It also urged the court to hold that INEC was at liberty to device, arrange and procure any security arrangement or regional co-operation to ensure hitch-free elections.
The party, therefore, sought a court order restraining the NSA, CDS, AGF and President Goodluck Jonathan from further “usurpation of powers of INEC under any guise”.
It submitted that security at election was that of the police and other civil authorities and not the military whose role is only complementary in the event of a major internal crisis.
INEC, HDP argued, was required to strictly stick to the constitutional and electoral laws to avoid “intended obvious mischief and truncation of the nation’s nascent democracy”.
The suit has yet to be assigned to a judge for determination.