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 Voters Registration (CVR) until 90 days to election.
Justice Inyang Ekwo, in a judgment on Tuesday, equally 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 elections scheduled to take place on 25th February, 2023 and 11th March, 2023.”
Justice Ekwo said 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 Acts, 2022, to continue voters registration, update and revision of voters register until 90 days before the General Election billed to take place on Feb. 25 and March 11.”
The judge however declined to order INEC to resume the voter registration exercise it suspended on July 31 in view of the time left before the general elections.
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Justice Ekwo said: “this court is unable to grant relief number three of the plaintiffs, because going by the date of this judgement, from the date of this judgement, the defendant will have just a few days away from 90 days before the general elections of 25th February, 2023 and 11th March, 2023.”
The judgment was on a suit marked: FHC/ABJ/CS/1343/2022 filed by four Nigerians – Anajat Salmat, Mr Earnest Stanley, Chief Charles Okafor and Mr Samuel Oluwakemi – with INEC as the sole defendant.
They had, among others, queried the propriety of INEC’s discontinuation of the voter registration exercise on July 31.
The plaintiffs had 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 Acts, 2022, to continue voters registration, update and revision of voters register till 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 have shown desire to register to vote are not deprived their civil right to register and participate in the forthcoming general elections.
“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 5th February, 2023 and 11th March, 2023.”
INEC, in its counter argument, stated that it stopped the registration exercise at the time it did so that the permanent voters’ cards (PVCs) could be printed in good time, and the distribution of same could commence in earnest.