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2023: Court Stops Resumption Of Voter Registration

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Justice Inyang Ekwo of the Federal High Court sitting in Abuja, Tuesday,declined to grant a request for the Independent National Electoral Commission to resume the continuous voters’ registration (CVR) exercise.

The request was part of the reliefs sought by four plaintiffs, namely: Anajat Salmat, Earnest Stanley, Charles Okafor and Samuel Oluwakemi, in a suit they filed against the INEC.

The plaintiffs had sued INEC over its discontinuance of the voter registration exercise on July 31, 2022.

In the suit,marked FHC/ABJ/CS/1343/2022, the plaintiffs sought 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.

In his verdict,Justice Ekwo maintained that going by the date of the verdict, INEC would have had “just a few days away from 90 days before the general elections.

According to him, 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 February 25, and March 11, 2023.

“It is the constitutional responsibility of the defendant (INEC) 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 scheduled to teke place on 25th February, 2023 and 11th March, 2023.”

According to Justice Ekwo, “this court is unable to grant relief number 3 of the plaintiffs because going by 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 case of the plaiintiffs therefore succeeds on the merit and I answer their sole question in the negative.I also answer the questions of the defendant as follows:Question 1, partially in the positive, and Question 2, in the positive.

“Recall that the plaintiffs, by the suit, had also prayed for “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.

“Consequently, they asked the court for “an order 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.”

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