Suits are being filed by concerned individuals and groups against the country’s electoral umpire over the recently concluded voter registration.
Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC) to “immediately give seven million Nigerians who have carried out their voter registration online the time and opportunity to complete the process, so that they can obtain their permanent voter cards (PVCs), and exercise their right to vote.”
INEC recently disclosed that out of 10,487,972 Nigerians who carried out their pre-registration online, only 3,444,378 completed the process at a physical centre. This represents just 32.8 percent of completed online registration.
In a letter dated 13 August 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The right to vote is not merely the right to cast a ballot but also the right to be given the time and opportunity to complete the registration process, so that the right can be meaningfully and effectively exercised.
“Closing the gates on eligible Nigerians and denying them the time and opportunity to complete their registration cannot preserve trust in the electoral process. “Denying a significant number of eligible voters the time and opportunity to complete the registration for their PVCs would impair the right to vote of those affected, deny them a voice in the 2023 elections, and lead to disparate and unfair treatment of these voters.”
The letter read in part, “The failure of the applicants to complete their registration may be due to factors entirely outside of their control, especially given the well-documented challenges faced by many Nigerians at registration centres across the country.
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“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP and the affected Nigerians shall consider appropriate legal actions to compel INEC to comply with our request in the public interest.
“Unless they are given a reasonable time and opportunity to complete the registration process, and to obtain their voter cards, these eligible Nigerians will not be able to vote in the 2023 general elections. “If citizens’ chance to vote is denied, that would amount to violation of their fundamental right to vote, just as it would be if they were prevented from casting any vote at all.
“The alleged failure of the applicants to complete their registration at INEC designated centres are not sufficiently weighty to justify their exclusion from the 2023 general elections. “Any proffered justifications of saving time and cost are therefore wholly insufficient.
Administrative convenience is simply not a compelling justification in light of the fundamental nature of the right to vote. “This severe vote deprivation cannot be justified by any perceived considerations of saving time, especially because Section 9(6) of the Electoral Act 2022 provides that ‘the registration of voters, updating and revision of the Register of Voters shall not stop not later than 90 days before any election covered by this Act.’
“Providing fresh opportunity for the over seven million Nigerians to complete their registration would promote and preserve the right to vote, and ensure that legal and eligible voters are not inadvertently and unjustifiably turned away from exercising their fundamental right to vote.
“By refusing the over seven million Nigerians the opportunity to complete the registration for their PVCs, INEC have unfairly, unreasonably, and unjustifiably denied them the opportunity to be heard at a meaningful time and in a meaningful manner as to the reasons for not completing their registration. “Voter distrust is apparent in virtually empty polling places on election days. Nigeria historically has had low levels of voter turnout.
“Allowing eligible Nigerians to complete their registration would improve citizens’ participation in the electoral process, and public confidence in the electoral system, as well as the ability of INEC to discharge its constitutional and statutory responsibility fairly, justly, and reasonably. “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.’
“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, including the right to vote.
“According to our information, the Independent National Electoral Commission, (INEC), recently disclosed that over seven million Nigerians who carried out their voter pre-registration online could not complete the process at physical centres. “According to a report released by INEC, out of 10,487,972 Nigerians who carried out their pre-registration online, only 3,444,378 Nigerians representing 32.8 percent, completed the process at a physical centre.
7,043,594 Nigerians carried out their pre-registration but are yet to complete the process at a physical centre. “This represents over 67 percent of those who began their registration process online. “According to INEC, a total of 12,298,944 Nigerians completed their voter registration; 8,854,566 of which were persons who did their registration entirely at a physical centre.
“The over seven million Nigerians have already completed their registration online, that is, via INEC online portal by providing their biodata and required documents. “According to INEC process, that is outstanding for the applicants to complete the registration for their PVCs is to visit INEC designated centres for their biometric to be captured.”
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Constitutional lawyer and human rights activist, Chief Mike Ozekhome, SAN, has dragged the Independent National Electoral Commission (INEC) to court over the stoppage of the Voters’ registration exercise. The Plaintiffs, in the suit marked FHC/ABJ/ CS/1335/22, are praying for a mandatory injunction compelling INEC to forthwith, extend the continuous voters’ registration till November 27, 2022, which is 90 days to the 2023 general election as provided by sections 9 (6), 10 (1), and 12 (1) of the Electoral Act 2022. Mike Ozekhome SAN and Abubakar Sani Esq are identified as the Plaintiffs in the suit dated August 3, and filed at the Federal High Court, Abuja.
The Plaintiffs are asking the court to declare that INEC cannot purport to terminate the continuous voters’ registration exercise on July 31, 2022, more than 6 months before the general election scheduled to hold on February 25, 2023, as doing so would disenfranchise millions of eligible potential voters (including the 2nd Plaintiff).
They want a declaration that the stoppage of the continuous voters’ registration by INEC on July 31, 2022, which is six months to the 2023 general elections, contrary to the provisions of section 77 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as altered), sections 9 (6), 10 (1), and 12 (1) of the Electoral Act, 2022, and Article 13 (1) of the African Charter on Human and Peoples Right, (Ratification & Enforcement) Act, Cap. A9 LEN, 2004, is, therefore, ultra vires, invalid, null and void.
More so, Ozekhome and his co-plaintiff are seeking a declaration that having regard to the provisions of section 77 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as altered), section 12 (1) of the Electoral Act, 2022 and Article 13 (1) of the African Charter on Human and Peoples Right, (Ratification & Enforcement) Act, Cap. A9 LEN, 2004, the Defendant (INEC) cannot refuse or decline to register any eligible citizen of Nigeria that has attained the age of 18 years, who presents and or intends to present himself to Defendant for registration before 90 days to the general elections.
“A declaration that Defendant can only stop the continuous registration of voters 90 days before the next general elections scheduled to hold on 25th February 2023, (ie, on or before the 27th day of November 2022). “A declaration that the stoppage of the continuous voters’ registration by Defendant on the 31st of July, 2022, amounts to the disenfranchisement of citizens who have attained or will attain the age of 18 years before November 28, 2022, being 90 days to the date of the 2023 general elections,” they demanded.
In an affidavit in support of the suit, Abubakar Sani stated that he had the consent and authority of the 1st Plaintiff (Ozekhome) to depose the affidavit on his behalf. The deponent averred that the unilateral cessation of the continuous voters’ registration by INEC on July 31, 2022, without recourse to the provisions of the Electoral Act tantamount “to executive lawlessness and constitutional infraction”.
Sani stated that the said stoppage of the continuous voters’ registration by INEC affected him personally and other Nigerians because he is yet to register to vote in the forthcoming general election, even after visiting many registration centres without success.
According to him, before 31st July 2022, he visited several continuous voters’ registration centres in Abuja to register without success due to the overwhelming crowd daily seeking to be registered; stressing that many of the potential voters pleaded with him to challenge Defendant’s decision to halt further registration of voters.
“That I know as a fact that the cessation of the continuous voters’ registration has disenfranchised me and above mentioned other eligible citizens and several other citizens who shall attain 18 years before November 27, 2022, which is exactly 90 days to the next general election scheduled to hold on February 25, 2023.
“That Chief Ozekhome has a large clientele across Nigeria, many of whom have inundated him with calls and messages to express their concerns about the cessation of the continuous voters’ registration by the Defendant on 31st July 2022.
“As a result of the stoppage, they have been disenfranchised from participating in the forthcoming general elections because INEC has not yet captured them in its voters’ register,” he stated.
