2019: Court orders speedy hearing in suit against INEC

THE Federal High Court sitting in Abuja on Monday approved accelerated hearing in a suit brought before it by four Nigerian voters challenging the difficulty encountered in the transfer of voter registration.

The trial Judge, Justice Nnamdi also directed the plaintiffs to serve the court papers on the Independent National Electoral Commission (INEC) after the ex parte motion was moved by their counsel, Abel Ozioko.

The plaintiffs: Joel Onumonu, Bala Angyau, Jenner Nwosu and Bello Toluwase had approached the court challenging the practice by INEC that disenfranchise millions of registered Nigerian voters from voting in presidential elections.

They are contending that the practice prevents voters from voting in “the presidential election in a state of his current residence other than the one in which he was registered, unless and until he fulfils the defendant’s requirement of applying to INEC or to the Resident Electoral Commissioner, for transfer of his voter registration from the state or polling area in which he is currently resident.”

The plaintiffs are also contending that that the practice is an infringement of their legal entitlement to a free exercise of right to vote in Presidential Elections in Nigeria as guaranteed by Section 132 (5) of the Constitution, adding that “it constitutes violation of Section 132 (4) of the Constitution and of the intendment of the legislature in Section 9 (1) of the Electoral Act 2010.”

The plaintiffs have raised five questions for the determination of the court, among them are, whether by the provisions of “Section 78 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); Paragraph 15 (e) of the 3rd Schedule Part 1 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); and Section 9 (1) of the Electoral Act 2010 (as amended), it is compulsory for the Independent National Electoral Commission (INEC) to have a National Register of Voters of all persons entitled to vote in any federal, state or local government or areas council elections in Nigerian.

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“Whether by the provisions of Section 71, 132 (4) of the Constitution of the Federal Republic of Nigerian 1999 (as amended; and Section 9 and 13 (1) of the Electoral Act 2010 (as amended), the whole of the Federation of Nigeria is regarded as one constituency for the purpose of elections into the office of the President of the Republic of Nigeria.

“Whether in view of the provisions of Section 132 (4) and (5) of the constitution of the Federal Republic of Nigeria 1999 (as amended); and Section 9 (1) of the Electoral Act 2010 (as amended), the Independent National Electoral Commission (INEC) is bound to conduct the presidential elections in Nigeria as one constituency using the National Register of Voters provided for in Section 9 (1) of the Electoral Act 2010 (as amended)”.