Court places caveat on political parties' grant in custody of INEC
A Federal high court in Abuja advised INEC not to distribute the controversial 70 per cent of an annual grant to benefiting political parties.
The 70 per cent of the total grant of N600 million was for disbursement to seven political parties, PDP, ANPP, AD, APGA, NDP, UNPP and PRP in proportion to the seats they occupied in the National Assembly.
Justice Abimbola Ogie gave the advice to the electoral body at the resumed hearing of a suit filed by 20 other political parties to challenge the mode of distribution of the grant.
The advice followed a complaint by the plaintiffs that INEC was about to distribute the grants to the seven beneficiaries in spite of the pending suit challenging the basis of the distribution.
Counsel to the plaintiffs, Tony Ogbulafor, had requested for an order of injunction restraining INEC from distributing the fund.
Alternatively, Ogbulafor asked that the commission undertook not to disburse the fund until the case was concluded.
Mr Kabiru Bala, who represented INEC opposed any court order for injunction and also declined entering in to any undertaking, but said that he could only advise his client.
Justice Ogie said she considered the urgency of the case and would give it expeditious hearing.
She refused to give an express order restraining INEC from distributing the fund, but warned that such action would amount to preempting the outcome of the case before her.
``Counsel have the duty to court and their client to ensure that no action is taking to vitiate outcome of a case pending before a court,'' she said
``It is the duty of the bar and of course all lawyers to preserve the integrity of the court'' she added.
She adjourned the matter to Oct. 31 for INEC to properly file its counter affidavit and serve it on the plaintiffs.
The plaintiffs, led by Citizen Popular Party (CPP) filed the action against INEC and the Attorney General of the Federation (AGF) challenging the competence of Section 91 of the Electoral Act 2006 which prescribed a sharing ratio for the annual grant.
The Section as enacted by the National Assembly prescribed the sharing ratio as 10 per cent equality and 90 per cent proportion of seats of the parties in the National Assembly.
The plaintiffs contended that the distribution formula was illegal and a gross violation of the provision of section 228 (c) of the 1999 Constitution.
In a supporting affidavit by the plaintiffs
deposed to by the Chairman of CPP, Maxi Okwu, he said that the N600 million annual grant approved in the appropriation Act was meant to assist the political parties.
He said that INEC recently disbursed about 30 per cent of the grant of which each of the 37 registered political parties received a sum of over N4.8 million Okwu deposed in the affidavit that INEC still had in its custody, 70 per cent of the appropriated fund worth about N420 million for distribution to the seven political parties in proportion to the seat they occupied at the National Assembly.
The plaintiffs were challenging the sharing ratio and asking the court to direct INEC to distribute the balance of N420 million to all political parties on the basis of equality