Its Late For INEC To Resume Voters Registration – Court

On Tuesday, an Abuja Federal High Court denied the request of four plaintiffs who had sued the Independent National Electoral Commission for ending the voter registration drive on July 31.

According to Justice Inyang Ekwo, INEC would have had just a few days left to complete the task if the 90-day deadline stipulated by the Electoral Act, before which the electoral body cannot halt voter registration, is followed.

The plaintiffs, Chief Charles Okafor, Mr. Samuel Oluwakemi, Anajat Salmat, Earnest Stanley, and others, had asked the court to order the electoral board to restore voter registration, which it had halted “208 days before the elections of 2023.”

According 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, the plaintiffs had requested a declaration that the defendant was expected to continue the voter registration, update, and revision of voters register until 90 days before the general election.

They also requested a declaration from the court that the defendant has a constitutional duty to ensure that every prospective Nigerian voter who has expressed a desire to register to vote is not denied their civil right to do so and to vote in the upcoming general elections, as well as an order from the court directing the defendant to resume voter registration immediately and to update and revise the voter list until at least 90 days before the elections.

In its defense, INEC had said that it had terminated the CVR process at the time in order for the permanent voter cards to be created in enough of time for the distribution of the cards to start in earnest.

Delivering his ruling, Justice Ekwo upheld two of the plaintiff’s prayers, stating that ‘’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 voter registration, update and revision of voters register until 90 days before the general election billed to take place on Feb. 25 and March 11.’’

He also held that it is the constitutional responsibility of the defendant to ensure that every prospective Nigeria voter who has shown desire to register to vote is not deprived of their civil right to register and participate in the forthcoming general elections.

However, the court held that going by the date of the verdict, the court is unable to grant relief number three as INEC would have had “just a few days away from 90 days before the general election of February 25, 2023 and March 11, 2023.’’

The Peoples Democratic Party welcomed the ruling and urged the electoral umpire to comply with the order barring it from continuing with the voter registration exercise.

The PDP National Publicity Secretary, Debo Ologunagba, stated, ‘’We have always insisted that INEC should do everything possible to make sure that as many Nigerians as possible are captured in the voter register to enable them to exercise their civic responsibility. If in its wisdom, the court says it is late for INEC to extend the exercise, the law has to be obeyed. We expect INEC to comply with the provisions of the law.”

Similarly, the Director of Strategic Communications of the PDP Campaign Council, Chief Dele Momodu lauded the court, saying, “We are a law abiding party and our candidate, Atiku Abubakar has always been an advocate of the rule of law. So if the court ruled that it is too late for INEC to continue with the process, we welcome this and expect INEC to do the same.”

The spokesman for the All Progressives Congress Presidential Campaign Council, Festus Keyamo, cautioned that it is too late for any court to direct the electoral body to resume the exercise.

Keyamo expressed concern that the call for resumption of the registration exercise is coming too late and may prove difficult to enforce.

He said, “I read that people are asking for the exercise to be continued until 90 days before the election, but whatever INEC decides or does within the law, we in the APC are good with it.

“The point is that even the judgment itself, as I speak with you, is difficult to enforce. This is because the 90 days is almost here already. I think we are just a few days shy of the 90 days to the election.”

The National Publicity Secretary of Labour Party, Abayomi Arabambi, kicked against the order, saying INEC cannot afford to disenfranchise millions of Nigerians that could still be captured.

He said, “INEC can still go ahead with the CVR. Even if it is two or three million Nigerians that got registered, they will be happy to be included. If the commission is convinced that it doesn’t want to disenfranchise anybody, millions can be captured in the remaining days before the 90 days’ limit.’’

But the spokesman for the New Nigeria Peoples Party Presidential Campaign Council, Ladipo Johnson, called for caution, saying whatever INEC plans to do has to be done on time before the constitutional deadline for closure of the voter register.