The Peoples Democratic Party (PDP) has asked the Federal High Court in Abuja to restrain the Independent National Electoral Commission (INEC) from postponing voting in any polling unit or polling point in the country on account of a malfunctioning smart card reader.
In a suit dated February 11, 2019, the PDP formulated two issues for the determination of the court.
The plaintiff wants the court to determine whether having regard to Section 49 of the Electoral Act, 2010 (as amended) and the judicial decision of the Supreme Court, INEC has the powers to postpone voting at any polling unit or voting point in Nigeria to the next day or at anytime whatsoever on account of the malfunctioning of smart reader.
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“Whether having regard to Section 49 of the Electoral Act and the judicial decision of the Supreme court, paragraph 10(a) and (b) of the defendant’s regulations and guidelines for the conduct of the 2019 elections is not inconsistent with Section 49 of the Electoral Act, 2010 (as amended), null and void to the extent of its inconsistencies.”
Upon the determination of the above questions, the plaintiff wants the court to declare that INEC lacks the powers to postpone voting in at any polling unit or voting point in Nigeria on account of a malfunctioning smart card reader.
“A declaration of the court that paragraph 10(a) and (b) of the defendant’s regulations and guidelines for the conduct of the election is inconsistent with Section 49 of the Electoral Act, 2010 (as amended), null and void to the extent of its inconsistencies.”
No date has been fixed for the hearing of the suit.
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