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By our correspondent
The Federal High Court in Abuja, presided over by Justice Mobolaji Olajuwon (Court 10), Monday, granted an order of interim injunction, stopping the Independent National Electoral Commission (INEC) from ending voter registration on June 30, 2022, following the hearing of an argument on motion exparte by Socio-Economic Rights and Accountability Project.
SERAP and 185 concerned Nigerians had 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 was 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 ending June 30, 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.”
According SERAP, this pursuant to the fact that “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 also 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.”
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