The ECOWAS court of justice has dismissed a suit filed by 7 Nigerians alleging that section 221 of the country’s constitution which bars independent candidates from contesting for elective offices violated their rights to participate in governance.
The judgment was delivered by the president of the court, Justice Edward Asante who held that the court cannot compel the defendant to amend its constitution in the abstract where there have not been any proven human rights violations.
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Justice Edward also added that the argument of the defendant’s counsel that the court lacked jurisdiction to entertain the suit and that it was statute barred is valid.
Meanwhile, counsel for the defendant, T.D Agbe, argued that what the applicants are asking for is a constitutional amendment that is vested in the people of Nigeria through the national and state assemblies and beyond the scope of the power of the court.
(EDITOR: TERVERR TYAV)