BY CHIKA OKEKE Abuja
Barely 93 days to the general elections, a Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission, INEC, to resume the Continuous Voters Registration, CVR, exercise.
In a judgement delivered by Justice Inyang Ekwo on Tuesday, he directed the INEC to immediately commence the registration until 90 days before the 2023 general elections.
Ekwo also mandated the electoral body to ensure that all eligible Nigerians are not deprived the opportunity of getting their voter’s card for the forthcoming poll.
Justice Ekwo held that it's the constitutional responsibility of the electoral umpire to make adequate provision for the exercise in accordance with the Nigerian laws.
“The case of the plaintiffs succeeds on merit,” the judge declared.
Findings by BOblog revealed that the Presidential and National Assembly election is expected to hold on 25th February 2023, while the Governorship and State Houses of Assembly poll will take place on 11th March, 2023.
Sections 76 (1) & (2), 116 (1) & (2), 132 (1) & (2) 178 (1) & (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) empowered the Commission to appoint dates for Presidential, Governorship, National Assembly and State Houses of Assembly elections not earlier than 150 days and not later than 30 days before the expiration of the term of office of the last holder/before the House stands dissolved.
The electoral body also scheduled 23rd February, 2023 as the the last day for campaigns by political parties for Presidential & National Assembly election.
This is even as it set aside 9th March, 2023 as the last day for campaigns by political parties for the Governorship & State Houses of Assembly election.
The directive was supported by Section 94(1) of the Electoral Act 2022, which directed that campaigns in the public by every political party shall commence 150 days before polling day and end 24 hours prior to that day.
BOblog also learnt that the judgement would be served to the electoral body before implementing the decision of the court, which may likely extend beyond four days.
Dissecting the judgement, a rights' activist, who spoke on the condition of anonymity described it as a mockery of the electoral processes and by extension, the eligible voters.
Another rights' activist, commended the court for the judgement but stated that it was a 'little too late'.
Recall that Anajat Salmat and three others had sued INEC as sole defendant in a suit marked: FHC/ABJ/CS/1343/2022.
In the originating summons filed before the court, the plaintiffs argued that INEC cannot stop the CVR contrary to the stipulated provisions of the constitution.
They urged the court to order the electoral umpire to resume the CVR exercise in accordance with the law of the country.
The commission had fixed June 30 as the initial deadline for the CVR ahead of the 2023 elections. But in August 2022, it suspended the exercise.
INEC is yet to react toTuesday’s court ruling ordering it to resume voters’ registration as at the time of filing this report.
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