Court consents but declines to order INEC to resume voter registration;’Judgment good but time limited’ _Yusuf

Justice Inyang Ekwo of the Federal High Court, Abuja, Tuesday, refused to grant a request directing the Independent National Electoral Commission (INEC) to resume the Continuous Voter Registration (CVR) exercise.

According to the judge, going by the date of the verdict, INEC would have had “just a few days away from 90 days before the general election”.

The plaintiffs, Anajat Salmat, Earnest Stanley, Chief Charles Okafor, and Mr. Samuel Oluwakemi, had dragged INEC to court for stopping the voter registration exercise on July 31.

The plaintiffs, in the suit marked: FHC/ABJ/CS/1343/2022, prayed to the court for three reliefs, which included, “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 voter’s register till 90 days before the general election.

“A declaration that it is the constitutional responsibility of the defendant to make sure that every prospective Nigerian voter, who has shown desire to register to vote is not deprived their civil right to register and participate in the forthcoming general election.

“An order of court 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 February 25, 2023 and March 11, 2023.”

Ekwo, however, declared 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 voters registration, update and revision of voters register until 90 days before the general election billed to take place on Feb. 25 and March 11.

“It is the constitutional responsibility of the defendant (INEC) to make sure that every prospective Nigerian voter, who has shown desire to register to vote, is not deprived his civil right to register and participate in the forthcoming general elections scheduled to take place on February 25, 2023, and March 11, 2023.”

The judge held, “This court is unable to grant relief number 3 of the plaintiffs, because going by the date of this judgment, the defendant will have just a few days away from 90 days before the general election of February 25 and March 11, 2023.”

But Ekwo held, “The case of the plaintiffs, 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.”

INEC, in its argument, had said it ended the CVR exercise at the time it did so that the Permanent Voters’ Cards (PVCs) could be printed in good time, and the distribution of same could commence in earnest.

Meanwhile, a legal Practitioner and Communications expert Fassy Yusuf said the declaratory judgment by the Federal High Court in Abuja directing that the Independent National Electoral Commission henceforth conduct Continous Voter Registration till 90 days before the Election is nothing but an Academic exercise having been arrested by the time.

He said this while reacting to the Judgment on Continous Voter Registration delivered by the Federal High Court in Abuja on Tuesday.

Yusuf said the Court having seen that the matter before it has been arrested by time gave the judgment to at least ensure that is done going forward.

The Judgment according to him is also coming late as a function of the fact it was not given a more accelerated hearing by the Federal High Court from the time it was first filed in July which was 7 months before the election.

He added that if it had taken one month between when the judgment was delivered and when it was filed it would have taken effect.

Yusuf as well called for an harmonisation of the various platforms where peoples particulars are domiciled in several different agencies which should be in one place.

He backed the call for the Continous Voter Registration to be treated like the Licence for drivers where you can just walk in into any INEC office and register once you are of age.

He also talked about the limitations currently faced by Justices on the various Courts across the Country saying the Judiciary is battling with the same challenges the larger Nigerian Society faces.

He added that the nation currently has no clearly defined Electoral Court and that the current Courts have to handle the cases involving electoral matters at the same time as handling Other cases that may also be expeditious or time-bound.

Yusuf described the issue of Continous Voter Registration as a cultural or attitude thing where most Nigerians wait till the last minute to rush to do anything that is official and then complain about perceived inadequacies.