By Gordi Udeajah, Umuahia
The Federal High Court, Abuja, on Friday, heard an ex parte application, urging it to abridge the time within which the Independent National Election Commission (INEC) may file its defence to a suit against and also to compel it to reverse its (INEC) proposed ‘no PVC, no vote’ stand.
The plaintiffs in the suit marked FHC/ABJ/CS/2348 are, International Society for Civil Liberties and the Rule of Law (Intersociety), Emmanuel Chukwuka and Mr. Bruno Okeahialam.
They sued for themselves and on behalf of all registered voters about to be disenfranchised by the defendant (INEC) in the 2023 general election.
The plaintiffs submitted that their written arguments accompanying the originating summons were both served on INEC on that Friday December 23, 2022.
They also argued that INEC’s stand of ‘no PVC no Voting’, is not the proper interpretation of Section 47(1) of the recently enacted Electoral Act of 2022, especially as it concerns people who do not have the PVC not necessarily due to not making efforts to collect their PVCs, but for faults, compromise and lapses on INEC’s part.
Lead counsel for the plaintiffs Mr. Max Ozoaka told The Guardian that his clients “are praying the court to give proper legal interpretation to the provision of Section 47(1) of the Electoral Act, 2022 to enable registered voters whose names are contained and captured in INEC’s Register of Voters and electronic database and who for one reason or the other, and for no fault of theirs, have not been issued their PVC, to vote on the strength of their temporary voter’s card or registration slips earlier issued to them by INEC.”
Ozoaka described the suit as interesting, adding that it gives a glimpse of hope to all duly registered voters, who have made unsuccessful efforts to collect their PVCs to vote in the coming election.
The plaintiffs raised three questions for the determination of the court, namely – having regard to the unambiguous provisions of the Electoral Act, 2022, and the true intendment of Section 47 (1) thereof, whether the defendant can as a consequence of their own compromise, contraption, bottleneck and or negligence disenfranchise or otherwise deprive the plaintiffs and the class of persons they represent, the right and opportunity to vote in the forthcoming general election fixed for February 25 to March 12, 2023.
They also want the court to declare that having registered and duly captured in the defendant’s Register of Voters and electronic Database, they are entitled to exercise their right to vote in the forthcoming general elections.
They also want the court to declare that they cannot be deprived of the right and opportunity to vote in the election, as well as an order compelling the defendant to release forthwith the PVC’s of the plaintiffs and all members of their class to enable them vote in the general election.
In the alternative, the plaintiffs urged the court to direct the defendant to reprint, distribute and release their PVC’s or otherwise allow them to vote with their temporary voters’ cards or registration slips already issued and released to them by the defendant.
In her ruling on the ex parte application for the abridgment of time for INEC to file its processes, the trial vacation Judge/ acting Chief Judge of the Court, Binta Nyako, fixed January 5, 2023, for further hearing.
Credit: THE GUARDIAN.
