Category: Judiciary

Abuja:  A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to identity, within 90 days, its officials involved in the registration of the underaged during the continuous voters’ registration (CVR) exercise in polling units across the country.

Justice Obiora Egwuatu, in a judgment, also directed the culprits to be produced and handed over to the appropriate law enforcement agency for investigation and possible prosecution.

Justice Egwuatu equally made a mandatory order, compelling INEC to expunge forthwith from its national voters’ register the names of all the underage voters from each of the polling unit across the federation published on her website as identified and compiled by the plaintiff in “Exhibit A” attached to the affidavit in support of the originating summons.

The judge further made a mandatory order,compelling the commission to furnish the plaintiff with a certified true copy (CTC) of the cleaned up national voters’ register of all the persons eligible to vote in Nigeria within 90 days.

Alternatively, he ordered the electoral umpire to publish the cleaned up national voters’ register of all the persons eligible to vote in the country in its website within 90 days from the date of the judgment.
He also answered the six questions posed by the plaintiff in the positive
The News Agency of Nigeria (NAN) reports that the plaintiff, Rev. Mike Agbon, in the originating summons marked: FHC/ABJ/CS/367/2023 filed on Match 17 through his lawyer, Desmond Yamah, had sued INEC as sole defendant.
In the suit, the plaintiff posited six questions for determination including “whether the defendant is constitutionally, legally ard duty bound to conduct credible CVR in tre Federal Republic of Nigeria
“Whether the defendant is bound by the constitution and its enabling statute, the Electoral Act, 2022, to act in strict compliance with the provisions of the constitution and its enabling act.
“Whether by virtue of Section 23 of the Electoral Act, 2022, it is illegal and unlawful for the defendant to have registered underaged i.e, infants and toddlers, during the CVR.
“Whether the admission by the defendant that it has a substantial number of the underaged, illegal and illegible voters published in its voters’ register, exonerates the defendant from any sanction within the ambit of the law for registering underaged as contained in Sections 12 & 23 of the Electoral Act, 2022,” among others.
Agbon, therefore, sought “a mandatory order, compelling and directing the defendant to forthwith within a period of one month to identify, produce and handover its officials that are involved in the registration of the underaged in each polling unit across the federation for investigation and prosecution by the appropriate law enforcement agency,” etc.
The plaintiff submitted that for many years now, particularly since the return of the country to democratic governance in May 1999, the regrettable issue of lack of credibility of the electoral processes had been a recurring challenge which had greatly distressed the political space.
He said INEC by virtue of the provisions of the Electoral Act, maintains and updates the national voters’ register.
Agbon said prior to the 2023 general elections, the electoral umpire conducted CVR nationwide and displayed the national register of voters on its website between the Nov. 12, 2022 and Nov. 25, 2022.
He alleged that upon perusal of the national register of voters, he discovered that the commission registered underaged contrary to the provisions of the Electoral Act, (supra) which clearly described the qualification for registration.
The plaintiff backed his argument with compiled copies from the INEC website of the underage registered and marked it as “Exhibit A.”
He told the court that on Nov. 23, 2022, INEC’s Chairman, Prof. Mahmood Yakubu, at a national stakeholders’ forum on elections organised by the Nigeria Civil Society Situation Room (NCSSR), assured Nigerians that based on the observations of Nigerians, the commission would dutifully clean up the register ahead of the elections.
Agbon said through his lawyer, he made a formal request for the commission to furnish him with the list and names of the underage and ineligible voters but it vehemently refused and ignored the said application.
However, despite being served with court processes and hearing notices in the matter, INEC was neither represented in court nor file any defence.
Delivering the judgment on Nov. 28 but a certified true copy sighted on Monday by NAN, Justice Egwuatu held that the conditions for qualification to be registered as a voter were stipulated in Sections 77 (2), and 117 (2) of the Constitution and Section 12 of the Electoral Act.
According to him, the common features of these sections are that the voter must be a citizen of and residing in Nigeria and has attained the age of 18 years.
“As I have found earlier in this judgment, the voters registered by the defendant in Exhibit ‘A’ are underage, that is, they have not attained the age of 18 years.
“What this translates into is that the registration officers and an update officers of the defendant failed in their duties to carry out the registration of voters in accordance with the provisions of the Constitution and the Electoral Act,” he said.

Citing provisions of Section 120(1) of the Electoral Act, 2022, he said any officer who acted in breach of his or her official duty committed an offence and would be liable on conviction for a maximum fine of N500, 000 or imprisonment for a term of 12 months or both.(NAN)(www.nannews.ng)/ Flowerbudnews

Abuja:  The suit seeking the disqualification of Gov. Douye Diri of Bayelsa and his deputy, Lawrence Ewhrudjakpo, on Thursday, could not proceed at a Federal High Court, Abuja.

The matter, which was on number 16 on the cause list before Justice Emeka Nwite, was however fixed for Feb. 19, 2024, for hearing.

The News Agency of Nigeria (NAN) reports that less than nine days to the Nov. 11 Bayelsa governorship election, a fresh suit seeking Diri and Ewhrudjakpo’s disqualification commenced before Justice Nwite.

Justice Nwite had, on Nov. 3, fixed today (Nov. 30) for hearing after the judge granted the ex-parte motion moved by plaintiff’s counsel, Ifeanyi Nwosu, seeking a leave to serve Diri and Ewhrudjakpo at the Government House in Bayelsa, through courier service.

The suit, marked: FHC/ABJ/CS/1448/23 and filed by a Bayelsan woman, Blessing Clement Azibanagbal through her lawyer, Nsowu, listed Diri, Ewhrudjakpo, PDP and Independent National Electoral Commission (INEC) as 1st to 4th defendants respectively.

The suit sought an order of mandatory injunction, directing INEC to remove the names of Diri and Ewhrudjakpo as PDP’s candidates in the Nov. 11 poll.

It also sought an order of perpetual injunction restraining INEC, its agents, privies or whosoever called, from further publishing their names as standard bearers for the party in the forthcoming election in Bayelsa.

It further sought a declaration that Ewhrudjakpo was not qualified to run as deputy governor under the PDP.

Azibanagbal, in the originating summons dated Oct. 26 and filed on Oct. 30, sought a declaration that Ewhrudjakpo was also not qualified to be a running mate with Diri.
Besides, she prayed the court to declare that Ewhrudjakpo had multiple of names without any evidence to proof “that he is the same person.”
She, therefore, urged the court to declare that the PDP had no candidate in the poll.
But the PDP, in a notice of preliminary objection dated Nov. 28 and filed Nov. 30 through its lawyer, A.K. Ajibade, SAN, prayed the court to dismiss or strike out the suit for being statue-barred.
It also urged the court to dismiss the suit for not disclosing reasonable cause of action against the defendants.

Giving five grounds, the PDP argued that Azibanagbal’s case was founded on pre-election matter and the time prescribed by the constitution to initiate such suit had elapsed.
It argued that the court lacked jurisdiction to hear and determine a suit that was already statute-barred.

“This honourable court lacks jurisdiction to hear and determine a suit where and when the plaintiff’s suit failed to disclose cause of action and/or reasonable cause of action,” it said.(NAN)(www.nannews.ng) / Flowerbudnews