Human rights lawyer, Ebun-Olu Adegboruwa, has instituted a suit before a Federal High Court, in Lagos, asking for the declaration of the appointment of acting chairman of the Independent National Electoral Commission, INEC, Mrs Amina Bala Zakari, illegal and unconstitutional.
Respondents in the suit are; President Muhammadu Buhari, Attorney- General of the Federation, AGF, INEC and Mrs Zakari respectively.
In suit number FHC/L/ CS/1114/2015, Adegboruwa is seeking for an order of court compelling the INEC boss to vacate office immediately and restrain her from presiding over the conduct of any election in Nigeria, including the gubernatorial elections in Kogi and Bayelsa states.
He is also asking the court for a perpetual injunction restraining Zakari from proceeding with the organization, conduct or supervision of any election in Nigeria.
Arguing that Zakari’s appointment as INEC acting chairman is a flagrant violation of the constitution, he urged the court to declare that the President is not entitled to appoint the 4th respondent as INEC acting chairman, hence her appointment is illegal, unconstitutional, null and void.
Besides, he urged the court to declare that effective July 21, Zakari ceased to be a national commissioner or a member of INEC and can no longer be appointed as INEC chairman or acting chairman.
He is asking the court to determine the following; whether the appointment of the 4th respondent as acting chairman of the 3rd respondent by the 1st respondent does not raise a likelihood of bias in favour of the 1st respondent