The Appeal Court in Makurdi has ordered the Independent National Electoral Commission (INEC) to restore four state constituencies in Benue State, namely Gboko III (Central), Konshisha II (Shangev-Tiev), Makurdi III (South East), and Ukum II, and conduct elections into these constituencies in 2027.
This decision was made after the appellants, led by Hon. Azege Biam, appealed the Federal High Court’s decision, which had dismissed their case citing the Public Officers Protection Act.
The appellants led by Hon. Azege Biam had earlier approached the court of appeal after been dissatisfied with the decision of the Federal High Court, Makurdi in a suit No FHC/MKD/CS/72/2012 and particularly contained in the decision of Justice C.J. Aneke dated 23rd November, 2016.
In the case presided over by Justice Abdul-Azeez Waziri also ordered INEC to conduct elections into the four State House Assembly Constituencies in 2027.
The court has declared that the Independent National Electoral Commission (INEC) acted improperly, unfairly, and unconstitutionally by failing to conduct elections into the four State House of Assembly constituencies in Benue State.
This is despite the National Assembly approving the restoration of these constituencies, as required by Section 115 of the Nigerian Constitution. The court cited Sections 91 and 112 of the Constitution, which outline the requirements for State House of Assembly composition and constituency boundaries.
Delivering judgement in an appeal filed by Barrister Terna Yaji, counsel to the appellants, Justice Abdul-Azeez Waziri set aside the judgement of the Federal High Court Makurdi, of November 2016 describing the the judgement as a clear miscarriages of justice.
Justice Waziri also stated that, the lower court having discovered that the four State House of Assembly Constituencies have been suppressed, ought to have been given judgement in favour of the appellants rather than dismissing the matter under the guise of “status- bar”.
He further agreed to the submission of the appellants of counsel that, the seats were not in any way caught up by section 2 of the Public Officers Protection law of the Federal Republic of Nigeria and described it as a continuous injury of the appellants after INEC without any power to suppress the affected Constituencies.
In a unanimous decision, the three – man panel of justices declared that, the composition of the Benue state House of Assembly members being less than three or four times the numbers of seats of Benue seats in the House of Representatives if decided in a way that will reflect equal population which does not confirm to the provision of section 91 and 112 of the constitution of the Federal Republic of Nigeria,1999,as amended.
Justice Waziri declared that, “INEC acted in error and in flagrant disregard to the provision of section 91 and 112 of the Republic of Nigeria” and therefore quashed the earlier judgement of the high court and ordered the Independent National Electoral Commission (INEC) to restore and conduct elections into the affected state Constituencies in 2027.
Reacting to the judgement, the Deputy Registrar, JS Tarka University, Makurdi, Mr Emmanuel Nyiyongo described the judgement as a victory for democracy for the peace loving people of Shangev- Tiev and other Constituencies who had been suppressed and denied access to quality representations over the years.
He urged the people to work together towards the successful election in 2027. He also commended Engrs. Michael Dzungu and Sesoo Ikpagher as well as many others who have supported the restoration of the Constituencies.
Similarly, Mr Dominic Yaakugh, a former Lecturer with JS Tarka University Makurdi, also described the judgement as a victory for the people of the Constituencies, saying it called for celebration after several years of denials and suppression.
On his part, Mr Moses Kamnan, president Shangev- Tiev Assembly, expressed joy over the declaration of the court and described it as the best gift of the year to the people of the area and other Constituencies as they look forward to 2027 elections.
