A legal activist, Festus Keyamo has dragged the Delta State Governor before the State High Court in Asaba praying for a declarative order that the Delta State Independent Electoral Commission Law is unconstitutional.
Keyamo stated in the suit that the DSIEC law No. 00 Cap. C21, 2012 recently ascent to by Governor Emmanuel Uduaghan which provides for 45 years and 40 years age limit for the Chairman and members of the Commission respectively, is unconstitutional, null and void.
The claimant in an originating summons said that the provision of Section 4(2) of the Delta State Independent Electoral Commission Law is in conflict with the provision of sections 1(1) & (3), section 106, Section 197(1) and 200(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
In the suit which the Governor of Delta State, Delta State House of Assembly and Attorney-General of Delta State are the defendants, the claimant further prayed the court for an order of perpetual injunction restraining them whether by themselves, their officers, agents, servants, privies or otherwise howsoever from appointing or considering for appointment anybody to the position of Chairman and member of the Delta State Independent Electoral Commission, until Section 4(2) of the Delta State Independent Electoral Commission Law No. 00 Cap. C21, 2012 is repealed.
Keyamo ask the court to the question whether the provision of Section 4(2) of the Delta State Independent Electoral Commission Law No. 00 Cap. C21, 2012, which provides for the age of the Chairman and members of the Commission to be 45 years and 40 years respectively, is not unconstitutional, null and void in view of the provision of sections 1(1) & (3), section 106, Section 197(1) and 200(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended
The claimant said in his 12 point affidavit in support of the originating summons that he is a Nigerian, from Uvwie Local Government Area of Delta State, and a tax-paying Nigerian. That he is a Legal Practitioner and carry on his business in Delta State at No. 1, Festus Keyamo Close, Off Agric Road, G.R.A, Effurun, Delta State.
That he is 42 years of age, having been born on the 21st January, 1970 and he is not a card-carrying member of any political party but ordinarily qualified to contest for election as a member of the Delta State House of Assembly.
He further deposed that on the 2nd day of July, 2012, on the advice of the Attorney General of Delta State, the Governor assented to a Bill presented by the Delta State House of Assembly for the establishment of Delta State Independent Electoral Commission; a copy of the said Law is hereby annexed and marked Exhibit FK1.
That the said Law made available to the public and himself in October, 2012 stated in Section 4(2) thus: “The Chairman shall not be less than 45 years of age and the members shall not be less than 40 years of age.”
And that the said section is at variance with sections 1(1) and (3), Section 106, Section 197(1), Section 200(1)(a) which provides as follows:“Section 1(1) and (3)(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
(3)If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall to the extent of the inconsistency be void.”
“Section 106 Subject to the provisions of Section 107 of this constitution, a person shall be qualified for election as a member of a house of Assembly if: he is a citizen of Nigeria he has attained the age of thirty years…”
“Section 197(1) There shall be established for each State of the Federation the following bodies, namely: State Civil Service Commission; State Independent Electoral Commission; and State Judicial Service Commission.” “Section 200 (1)(a) No person shall be qualified for appointment as a member of any of the bodies aforesaid if: (a)he is not qualified or if he is disqualified for election as a member of a House of Assembly; provided that a member of any of the bodies shall not be require to belong to a political party and, in the case of the State Independent Electoral Commission, he shall not be a member of a political party.”
No date has been fixed for the hearing
