Lagos-based constitutional lawyers, Femi Falana (SAN) on Tuesday said the Independent National Electoral Commission (INEC) did no wrong by suspending election for Anambra Central Senatorial District indefinitely.
The human rights lawyer said the case at the Appeal Court should first be concluded before INEC could organize the rerun election.
“How can INEC proceed with election?” he said. “If a case is in court on a matter, why will INEC go ahead with the election? Assuming the court now opposes the election.
“Meanwhile, someone would have emerged. That would have amounted to wasting of public funds that is in grave short supply.
“So my advice is that INEC should wait, as it is already doing.
However, let the election body try and seek for a speedy court process,” he added.
Similarly, Supreme Court nominee and former President of the Nigerian Bar Association, Olisa Agbakoba (SAN), had supported the suspension of the election.
Agbakoba based his argument on a Supreme Court ruling between INEC and former Anambra State governor, Peter Obi.
He said, “They (INEC) can’t do that now. On the authority of Peter Obi versus INEC, the Supreme Court ruled that once a matter is in court INEC must stop the election, until the court decides.
“That is the position of the law. It is a very clear case. So INEC is correct. You can’t conduct an election when the matter is in court.
INEC hands are truly tied.”
He said the ruling by the Supreme Court in 2007 truncated the 16-day stay in office by the Senator Andy Uba.
In 2015, candidate of the All Progressives Grand Alliance (APGA), Chief Victor Umeh, had challenged the election of Mrs. Uche Ekwunife as one of the Senators representing Anambra State.