Two Senior Advocates of Nigeria, Chief Mike Ozekhome, and Abubakar Damisa have approached a federal high court in Abuja, seeking an order compelling the Independent National Electoral Commission (INEC) to extend the continuous voter’s registration exercise until November 27, 2022.
The plaintiffs in the suit marked FHC/ABJ/C5/1335/2022 are seeking a declaration that INEC can only stop the continuous registration of voters 90 (ninety) days before the next general election.
The plaintiffs urged the court to hold that the termination of voter’s registration exercise is ultra vires, invalid, and null and void.
Besides, they prayed the court to declare that INEC cannot purport to terminate the continuous voter’s registration exercise on the 31st day of July 2022, more than six months before the next general election scheduled to hold on 25th February 2023, as doing so would disenfranchise millions of eligible potential voters, including the 2nd plaintiff (Abubakar Damisa).
The Plaintiffs in a 6-paragraph Affidavit of Non-Multicity deposed to by Abubakar Damisa stated that the suit became necessary, as there was no other action instituted against them in any other court within the Federal Republic of Nigeria or in any other place.
The plaintiffs are seeking for the following declarations, ‘’A declaration that the stoppage of the continuous voter’s registration by the Defendant on the 31st day of July 2022, which is more than six months to the next general elections scheduled to hold on 25th February 2023, is contrary to the provisions of Section 77(2) of the 1999 Constitution, (as amended), Section 9(6), 10(1), and 12(1) of the Electoral Act, 2022, as well as Article 13 (1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. A9 LFN, 2004.
‘’A declaration that having regard to the provision of Section 77(2) of the 1999 Constitution, Section 2(1) of the Electoral Act, 2022; Article 13 (1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. A9 LFN, 2004, the Defendant cannot refuse or decline to any eligible citizen of the Federal Republic of Nigeria that has obtained the age of 18 years who present or intend to present himself to the Defendant for registration before 90 days to the general election 2023.
‘’A declaration that the Defendant can only stop the continuous registration of voters 90 days before the next general election, Scheduled to hold on the 25th of February 2023 ( that is on or before the 27th day of November 2022).
“A declaration that the stoppage of the continuous voter’s registration by the Defendant on the 31st of July, 2022 amount to the disenfranchisement of citizens who have attained or will attain the age of 18 years before 28 days of Number 2022 being 90 days to the date of the general election, scheduled to hold on the 25th of February 2023.
‘’A mandatory Injunction compelling the Defendant to forthwith extend the continuous voter’s registration till 27th day of November 2022, which is 90 days to the next general election as provided by Section 9(6), 10(1) and 12(1) of the Electoral Act, 2022.
The plaintiffs are asking the court to determine whether, having regard to the community reading of Section 9(6) and 10(1) of the Electoral Act, 2022, the Defendant is not bound to continue to register eligible voters for the election until 90 days to 25th February 2023 scheduled for the next general election.
No date has been fixed for hearing of the suit.
