A Federal High Court in Abuja has dismissed a suit seeking to restrain the Independent National Electoral Commission (INEC) from proceeding with the forthcoming general election for excluding eligible Nigerians living abroad from exercising their franchise.
In a judgment yesterday, Justice Inyang Ekwo held that the existing law in the country does not guarantee the right of Nigerians abroad to vote in any election.
The judge, who described the suit as unmeritorious, held that where a right was is provided for in the constitution, there is no need to insist on the enforcement of such a right that is not recognised by law.
The judgment was on a fundamental rights enforcement suit filed by Chikwe Nkemnacho and Kenneth Azubuike Nkemnacho (on behalf of Nigerians abroad).
Justice Ekwo averred that it is the responsibility of those affected by the issue to engage the Legislature to enact the needed law to accommodate them in future elections.
He said: “The court does not enact laws. It cannot also expand the law in order to accommodate an issue before it, no matter how sympathetic or humanitarian the cause or situation is. “It only interprets and expounds the laws. And, it is the law, as stated before in this judgment, that when interpreting the provisions of a statue, the court must not ascribe meanings to clear, plain and unambiguous provisions in order to make such provisions conform to the court’s view of their meanings or what they ought to be.”