close
Wednesday, February 1, 2023

Court strikes out suit seeking to compel INEC to allow voting without PVCs

The Incorporated Trustees of the International Society for Civil Liberties and Rule of Law had dragged INEC to court.

• January 31, 2023
INEC CHAIRMAN and PVCs
INEC Chairman, Mahmood Yakubu and PVCs used to illustrate the story

The Abuja Division of the Federal High Court on Tuesday struck out a suit seeking to compel INEC to allow the use of temporary voter cards or Voter Identification Numbers (VIN) in the 2023 general elections.

The Incorporated Trustees of the International Society for Civil Liberties and Rule of Law had dragged INEC to court seeking an order to compel it to allow voting without the Permanent Voter Cards (PVCs).

Emmanuel Chukwuka and Bruno Okeahialam led it.

The plaintiffs filed the suit in December 2022, alleging that if the court did not intervene, about 29 million registered voters would be disenfranchised in the 2023 general elections.

The plaintiffs asked the court to determine whether INEC could, as a consequence of its contraption, disenfranchise or deprive Nigerians of the right or opportunity to vote in the forthcoming general elections.

This, they said, was having regard to the true intention of Section 47(1) of the Electoral Act 2022.

In the suit marked FHC/ABJ/CS/2022, the plaintiffs asked the court to declare that having been duly registered, owners of the uncollected PVCs should be able to vote.

The plaintiff’s counsel, Max Uzoaka, prayed the court to declare that those registered with INEC as voters whose names were contained in the voters register should not be deprived of the right to vote.

The lawyer said INEC’s concept of “no PVC, no vote’’ would deprive eligible voters whose PVCs were burnt during attacks on INEC’s offices of the opportunity to vote during the elections.

He submitted that the Bimodal Voter Accreditation System, BVAS, was designed to read details of registered voters without PVCs since the Voter Identification Number (VIN) was captured on INEC’s database.

In his counter-argument, Abdulaziz Sani (SAN), counsel to INEC, prayed the court to decline jurisdiction on the matter because INEC had extended the deadline for collecting PVCs.

He also told the court that the plaintiff’s claim that BVAS could capture the last six digits of the VIN was a mysterious submission saying he was hearing it for the first time.

Delivering judgement, Justice Binta Nyako held that the suit was inchoate.

The judge reasoned that it was a “Catch-22’’ situation as, on the one hand, INEC was begging registered voters to take delivery of their PVCs.

On the other hand, affected potential voters claimed that their PVCs were not available for collection.

A Catch-22 is a seemingly absurd situation from which an individual cannot escape because of contradictory rules or limitations.

“Unless you give me a list of uncollected PVCs and a list of those who have registered but have not gotten their PVCs, then I can make a decision; if not, it remains a dicey situation,’’ the judge ruled.

She maintained that the suit amounted to an academic exercise since INEC had extended the date for registered voters to collect their PVCs, and the exercise was still ongoing.

Justice Nyako also held that the Electoral Act allowed INEC to deploy any technological device for the election and that INEC still had time to deploy the device to ensure that all eligible voters could vote.

She, however, said she would not dismiss the suit but only strike it out to allow the plaintiffs to re-file it if they had fresh and sufficient evidence.

“If INEC concludes the distribution of the PVCs it has, and you still have these 29 million voters you are representing who haven’t collected theirs, then bring back the suit,’’ the judge ruled.

(NAN)

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

NationWide

Broadband penetration in Nigeria is 100%, Buhari claims

President Muhammadu Buhari claims his regime has achieved 100 per cent broadband penetration across Nigeria.

World

Brazil’s ex-president Bolsonaro seeks six-month U.S. visa

Mr Bolsonaro, reported to have entered the U.S. on an A-1 visa, would not be entitled to immunity from legal prosecution once he returns to Brazil.

World

U.S. charges three Haitian-American citizens in ex-President Moise’s assassination

Today, U.S. federal law enforcement transferred into U.S. custody four men detained in Haiti to face criminal charges.

Cryptocurrencies used to illustrate the story

Anti-Corruption

U.S. crypto promoter jailed 60 months for multimillion-dollar fraud scheme

The promoter conspired with others to defraud investor victims by inducing them to invest in their companies, Start Options and B2G.

cryptocurrency

Economy

Bitcoin’s market cap value increased by 39% in January: Report

Bitcoin continues to recover from the sharp decline it experienced in the second half of 2022.

Mele Kyari and Mahmood Yakubu

NationWide

NNPC assures INEC of adequate fuel supply for 2023 general elections

The company said that it had also put in place measures to address the current fuel scarcity across the country.