Court Restrains INEC from Ending Voter Registration

•Labour Party urges commission to deploy more officials to improve registration

Alex Enumah, Udora Orizu and Emameh Gabriel in Abuja

Justice Mobolaji Olajuwon of a Federal High Court in Abuja, has issued a restraining order against the Independent National Electoral Commission (INEC) from ending the registration of eligible voters for election on the June 30, 2022.

The restraining order was issued yesterday, while delivering ruling in an ex parte application brought to that effect by the Socio-Economic Rights and Accountability Project (SERAP).

The order was to last pending the hearing and determination of the suit the plaintiffs brought against INEC over its decision to close its voter registration exercise in preparation of the 2023 general elections by the end of June.

 SERAP and 185 concerned Nigerians had early this month dragged INEC to court, asking the court to, “declare unconstitutional, illegal, and incompatible with international standards the failure of the electoral body to extend the deadline for voter registration to allow eligible Nigerians to exercise their rights.”

Specifically, the plaintiffs in the suit, asked the court for, “an order restraining INEC, its agents, privies, assigns, or any other person(s) claiming through it from discontinuing the continuous voters’ registration exercise from June 30, 2022 or any other date pending the hearing and determination of the motion on notice.”

The plaintiffs had claimed that unless the court intervenes a lot of eligible voters who have not registered would be denied the opportunity to perform their civic duty.

However, in a short ruling, the court granted the prayers of the plaintiffs and adjourned to June 29, 2022, for the hearing of the Motion on Notice for interlocutory injunction.

The plaintiffs had instituted the legal action following the decision by INEC to extend the deadline for the conduct of primaries by political parties by six days, from June 3 to June 9, but refused to extend the online pre-registration which ended May 30, 2022 and the Continuous Voter Registration (CVR) ending June 30, 2022.

In the suit marked: FHC/L/CS/1034/2022, filed at the Federal High Court, Lagos, and transferred to Abuja, SERAP asked the court to determine, “whether the failure of INEC to extend the deadline for voter registration is not a violation of the Nigerian Constitution, the Electoral Act, and international standards.”

SERAP is asking the court for “a declaration that the failure of INEC to extend the deadline for voter registration is a violation of eligible Nigerians’ rights to participate freely in their own government, equality and equal protection.”

 SERAP is also asking the court for “an order of mandamus to direct and compel INEC to extend voter registration by a minimum of three months and take effective measures to ensure that eligible Nigerians are able to register to exercise their right to vote in the 2023 general elections.”

The plaintiffs stated that while, “One of the people’s most sacred rights is the right to vote, the commission has a constitutional and statutory responsibility to ensure the effective exercise of the right of all eligible voters to participate in their own government.”

 They argued that, “Extending the deadline for party primaries without providing adequate time and opportunity for eligible voters to register and participate in the 2023 general elections would amount to an unfair and discriminatory treatment of Nigerian voters, and violate other human rights.”

According to them, extending the voter registration deadline would provide more time for eligible voters, including young people, the elderly, people living with disability, as well as those resident in states facing security challenges and living in IDP camps to participate in the 2023 elections.