The High Court has dismissed a petition seeking to have Parliament declared in breach of its constitutional mandate for failing to enact a law governing the recall of elected leaders by voters.
In a judgment delivered on July 7, Justice Roselyne Aburili ruled that the petition was filed too early because the National Assembly is already considering a Bill to implement the recall process.
The court held that Parliament should be allowed to complete the legislative process without judicial interference, reaffirming the constitutional doctrine of separation of powers.
“This petition is premature and not ripe for determination and that the petitioners as well as the Court should let Parliament legislate and wait for the outcome,” Ruled Justice Aburili.
Additionally, the court also said the IEBC cannot come up with rules for recalling elected leaders unless Parliament first passes a law.
High Court Throws Out Petition Challenging Delay in Recall Law
Hence, the court stated that Parliament should be allowed to complete the legislative process without judicial interference, reaffirming the constitutional doctrine of separation of powers.
Justice Aburili noted that the National Assembly is currently considering the Elections (Amendment) (No. 2) Bill, 2024, which seeks to provide the legal framework for the recall of elected leaders by the electorate.
The petitioner had argued that Parliament had failed to fulfil its constitutional obligation by delaying the enactment of the legislation needed to implement the recall law, which grants voters the right to recall elected representatives before the end of their term.
More to Follow…
Follow our WhatsApp Channel and X Account for real-time news updates.
