CVR: Court stops INEC from ending exercise June 30

The Federal High Court in Abuja has stopped the Independent National Electoral Commission (INEC) from ending voter registration on 30 June 2022.

 

Honourable Justice Mobolaji Olajuwon (Court 10) today granted an order of interim injunction following the hearing of an argument on motion exparte by Socio-Economic Rights and Accountability Project (SERAP).

 

SERAP and 185 concerned Nigerians had early this month filed the lawsuit against INEC  asking the court to “declare unconstitutional, illegal, and incompatible with international standards the failure of the electoral body to extend the deadline for voter registration to allow eligible Nigerians to exercise their rights.”

 

In the suit, SERAP had asked the court for “an order restraining INEC, its agents, privies, assigns, or any other person(s) claiming through it from discontinuing the continuous voters’ registration exercise from the 30th June 2022 or any other date pending the hearing and determination of the motion on notice.”

 

The suit is adjourned to 29th June, 2022 for the hearing of the Motion on Notice for interlocutory injunction.

 

The suit followed the decision by INEC to extend the deadline for the conduct of primaries by political parties by six days, from June 3 to June 9. But the commission failed to also extend the online pre-registration which ended May 30 2022 and the Continuous Voter Registration (CVR) ending 30 June 2022.

 

In the suit number FHC/L/CS/1034/2022 filed at the Federal High Court, Lagos, and transferred to Abuja, SERAP is asking the court to determine “whether the failure of INEC to extend the deadline for voter registration is not a violation of Nigerian Constitution, 1999 [as amended], the Electoral Act, and international standards.”

 

SERAP is asking the court for “a declaration that the failure of INEC to extend the deadline for voter registration is a violation of eligible Nigerians’ rights to participate freely in their own government, equality and equal protection.”

 

SERAP is also asking the court for “an order of mandamus to direct and compel INEC to extend voter registration by a minimum of three months and take effective measures to ensure that eligible Nigerians are able to register to exercise their right to vote in the 2023 general elections.”

 

The suit, read in part: “Enforcing unrealistic voter registration deadline while extending the deadline for party primaries would deny and abridge the constitutional and international human rights of eligible voters.”

 

“INEC mandates ought to be exercised in a fair, just and non-discriminatory manner. The extension of voter registration would ensure that Nigerian voters are treated equally and fairly. The future of Nigeria’s democracy depends on it.”

 

“Voters are also critical stakeholders in the electoral process. Treating all eligible Nigerian voters fairly would advance the people’s right to vote and to participate in their own government.”

 

“INEC must not only be independent and impartial in the exercise of its constitutional and statutory responsibilities, but must also be seen to be independent and impartial.”

 

“Extending the voter registration exercise would also bolster voter confidence in the electoral process.”

 

“One of the people’s most sacred rights is the right to vote. The commission has a constitutional and statutory responsibility to ensure the effective exercise of the right of all eligible voters to participate in their own government.”

 

“Extending the deadline for party primaries without providing adequate time and opportunity for eligible voters to register and participate in the 2023 general elections would amount to an unfair and discriminatory treatment of Nigerian voters, and violate other human rights.”

 

“Extending the voter registration deadline would provide more time for eligible voters, including young people, the elderly, people living with disability, as well as those resident in states facing security challenges and living in IDP camps to participate in the 2023 elections.”

 

“Extending the deadline for voter registration would be entirely consistent with constitutional and international standards, and the Electoral Act. Any such extension would also not impact negatively on INEC’s election calendar and activities.”

 

“The public perception of the independence and impartiality of INEC is essential for building public confidence in the electoral process, and ensuring the credibility and legitimacy of the 2023 elections.”

 

“Where Nigerians have doubts about the independence and impartiality of INEC, they are more likely to have less confidence in the electoral process thereby undermining democracy.”

 

“Extending the deadline for voter registration would also be justified, given reports of challenges in the voter registration exercise, especially for young people, the elderly, persons living with disabilities, and those resident in states facing security challenges and living in internally displaced persons (IDP) camps.”

 

“The will of the people is expressed through democratic elections. This requires that people should be afforded adequate time and opportunity to register to vote. Extending the voter registration deadline is crucial for promoting the independence and impartiality of INEC and building public confidence in the electoral process.”

 

“The Nigerian Constitution 1999 (as amended) provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’”

 

“Section 9(6) of the Electoral Act 2022 provides that ‘the registration of voters, updating and revision of the Register of Voters under this section shall not stop not later than 90 days before any election covered by this Act.’”

 

“Similarly, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy, Elections and Governance guarantee the right to political participation.”

 

“These human rights treaties also require states parties including Nigeria to ensure the independence and impartiality of national electoral bodies responsible for the management of elections, as well as to promote the establishment of the necessary conditions to foster citizen participation.”

 

“The right of people to participate in their government is a fundamental feature of any democratic society, and any undue restriction of the right would strike at the heart of representative government.”

 Also,

INEC on Monday engaged security agencies on the need to ensure free, fair, and credible July 16 governorship election in Osun.

 

Speaking at the State Level Electoral Security Training in Osogbo, INEC Chairman, Prof. Mahmood Yakubu, said elections should be seen as critical mandate and asset that must be protected by security personnel.

 

Yakubu, represented by the Electoral Commissioner in Osun, Prof. Abdulganiyu Raji, said the training would acquaint security agencies with INEC’s code of conduct and rules of engagement before, during and after the election.

 

“I believe this training will impact positively on the conduct of Osun election coming up on July 16.

 

“It will also help security agencies to manage risk elements and have full knowledge of the system.’’ he said.

 

Yakubu said the training was another significant step forward in the Commission’s stride for a robust electoral system and the deepening of the country’s democratic structure.

 

According to him, security is crucial to the conduct of elections and the need for security agencies to ensure synergy becomes paramount.

 

The INEC chairman called for collective responsibilities among security personnel to help to avert any violence that might occur during and after the election.

 

He said INEC would work with security agencies and other stakeholders to ensure that Osun election is peaceful.

 

In his remarks, the Director-General of Electoral Institute, Dr Sa’ad Idris, commended INEC for organising the security training which, he said, would help in sensitising stakeholders on the need for credible elections.

 

Represented by Mr Ifeanyi Agoha, the institute’s Deputy Director of Training, Idris said the operational order which would help to ensure effective deployment had been finalised to forestall any breakdown of law and order during the election.

 

He said the training would help to diversify knowledge and capacity of security operatives in the discharge of their operational duties at the election.

 

He appealed to all stakeholders in the election to collaborate with INEC and with security agencies to ensure safety of lives and electoral materials.

 

Earlier, Police Commissioner in Osun, Mr Wale Olokode, said the police and sister security agencies were ready to ensure the success of the election.

 

Olokode, represented by ACP Charles Dikwa, said the command had successfully carried out an operational assessment to ensure effective deployment of personnel in the event of violence.

 

He said the training would further equip security operatives with requisite skills and knowledge to effectively tackle irregularities at the election.

 

He appealed to all stakeholders to support security personnel to achieve the task of ensuring safety of lives and property at the election.

 

Olokode added that the police would provide the needed support for all political parties and ensure the safety of their members before, during and after the election.

 

The News Agency of Nigeria (NAN) report that heads of security agencies at the training presented documents on their operational activities and plans to effectively prevent breakdown of laws and order.

 

Operatives of security agencies in attendance were those of the Police, the Directorate of State Security, the Nigerian Customs Service and the Nigerian Army.

 

Others were those of the Nigerian Air Force, the Nigerian Security and Civil Defence Corps and the Federal Road Safety Commission. (NAN)

 

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