INEC’s Absence Stalls Hearing in Suit Seeking Use of Temporary Voter’s Card in Saturday’s Election

• As court adjourns till Wednesday 

Alex Enumah in Abuja 

The absence of the Independent National Electoral Commission (INEC) has stalled hearing in a suit seeking an order compelling the electoral umpire to permit registered voters without the Permanent Voters Card (PVC) participate in the general election which commences on Saturday.

Justice Obiora Egwuatu of the Federal High Court, Abuja had last week adjourned to February 20, for INEC to file its counter-affidavit and other necessary processes in the suit.

The court had ordered the plaintiffs to serve INEC with court processes shortly after it declined to abridge time in which INEC could file its counter affidavit to the originating summons.  

When the matter was called on Monday, there was no representation for the electoral body, even as plaintiffs’ counsel, Mr Victor Opatola, informed the court that the respondent was served the suit last week in line with the order of the court.

However, after confirming that INEC is still within the time allowed by law to reply to the suit, the court accordingly adjourned till Wednesday for hearing.

The plaintiffs, Kofoworola Olusegun and Wilson Allwell, in the suit filed on February 8 and marked FHC/ABJ/CS/180/2023, are asking the court to determine “Whether by the true construction and interpretation of section 10(2), 12(1) and 47 of the Electoral Act 2022; Section 77(2) and 132(5) of the 1999 constitution (as amended), and bearing in mind that the Bimodal Voters Accreditation System (BVAS) machine introduced by the defendant only needs the thumbprint and/or facial recognition to accredit a voter.

“Whether a person whose name appears in the electronic format in the defendant’s central database and manual, printed paper based record or hard copy format of the Register of Voters and has been assigned a Voter’s Identification Number (VIN), can be said to be entitled to be accredited to vote with his/her Temporary Voter’s Card, in the forthcoming general election to be conducted by the defendant. 

“Whether by the true construction and interpretation of section 10(2), 12(1) and 47 of the Electoral Act 2022; Section 77(2) and 132(5) of the 1999 constitution (as amended) the plaintiffs, bearing in mind that the BVAS machine introduced by the INEC only needs the thumbprint and/or facial recognition to accredit a person whose name appears in its central database and manual printed paper based record or hard copy format of the Register of Voters and has been assigned a Voter’s Identification Number (VIN).

“Whether such a person can as a consequence of the defendant’s inabilities, actions and omission be disenfranchised of the right and entitlement to vote in the forthcoming 2023 general election.” 

The plaintiff asked the court to grant the following reliefs should the questions be answered in their favour.

“A declaration that the plaintiff, having fulfilled all necessary legal requirements to register and having consequently been captured in its central database and manual, printed paper based record or hard copy format of INEC’s maintained register of voters, the plaintiff are entitled to vote using their Temporary Voter’s Card in the forthcoming 2023 General Election.

“An order compelling INEC to allow the plaintiff to vote using their temporary voter’s card, issued by the defendant, the plaintiff having been duly captured in the National Register of Voter’s database.

“Any other order, the court may deem fit for all other Nigerians who are like the plaintiffs and have not gotten their permanent voter’s card, as the court may deem fit.”

Lawyer to the plaintiffs, Mr Victor Opatola, in support of the originating summons had filed an affidavit of urgency praying the court to abridge time due to the nearness of the election which comes up on February 25 with the presidential election.

In their statement of fact, the plaintiffs claimed that they were citizens of Nigeria, who had been registered in the central database and been assigned Voters Identification Numbers (VIN).

“After the plaintiffs have fulfilled all legal requirements of registration, and their names contained in the central database, the defendant has neglected to issue them their voter’s card even after several attempts were made by the plaintiffs to get their Permanent Voter’s Card. 

“Consequently, the time frame given by INEC for the collection of Voter’s Card lapsed on Febuary 5.

“The plaintiffs will be disenfranchised, due to no fault of theirs, and precluded from voting in the forthcoming general election.

“That INEC has closed the collection of Permanent Voter’s Card and stopped its distribution nationwide.”