A Federal High Court in Abuja has held that by the combined provisions of the Constitution and the Electoral Act, the Independent National Electoral Commission (INEC) cannot stop its continuous voter registration (CVR) until 90 days to the elections.

In a judgment yesterday, Justice Inyang Ekwo also held that “…it is the constitutional responsibility of the defendant (INEC) to make sure that prospective Nigerian voters, who have shown the desire to register to vote, are not deprived of their civil right to register and participate in the forthcoming general election scheduled to take place on February 25, 2023 and March 11, 2023”.

The judge averred that the INEC “is expected, pursuant to the provisions of sections 76 (2), 77 (2), 116 (2), 117 (2), 132 (2) & (5) and 178 (2) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as sections 9 (1), 9 (6), 10 (1) and 12 (1) of the Electoral Act, 2022, to continue voter registration, update and revision of voters’ register until 90 days before the general election billed to take place on February 25 and March 11”.

He declined to order INEC to resume the voter registration it suspended on July 31 in view of the time left before the general election.

Justice Ekwo said: “This court is unable to grant Relief Number Three of the plaintiffs because going by the date of this judgment, from the date of this judgment, the defendant will have just a few days away from 90 days before the general election on February 25, 2023 and March 11, 2023.”

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The judgment was on a suit filed by four Nigerians – Anajat Salmat, Earnest Stanley, Charles Okafor and MSamuel Oluwakemi – with INEC as the sole defendant.

The plaintiffs had, among others, queried the propriety of INEC’s discontinuation of the voter registration exercise on July 31.

They prayed the court for three reliefs, which include “a declaration that the defendant is expected, pursuant to the provisions of sections 76 (2), 77 (2), 116 (2), 117 (2), 132 (2) & (5) and 178 (2) & (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as sections 9 (1), 9 (6), 10 (1) and 12 (1) of the Electoral Act, 2022, to continue voter registration, update and revision of voters’ register until 90 days before the general election.

“A declaration that it is the constitutional responsibility of the defendant to make sure that every prospective Nigerian voter who has shown the desire to register to vote is not deprived their civil right to register and participate in the forthcoming general election.

“An order of court directing the defendant to resume immediately the registration of new voters, updating and revision of the register of voters until at least 90 days to the general election slated to hold on February 25, 2023 and March 11, 2023.”

In its counter-argument, INEC said it stopped the registration at the time it did so that the permanent voter’s cards (PVCs) could be printed in good time, and the distribution of same could start in earnest.