A group of Nigerians under the aegis of Govindex Leadership Empowerment and Development Foundation has filed a lawsuit against the Independent National Electoral Commission (INEC) over the alleged criminal activities of its staff during the last presidential and National Assembly elections.
The group alleged that INEC failed to comply with Section 160 (I) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Sections 60(5) and 148 of the Electoral Act, 2022.
The lawsuit seeks an order to declare the results of the affected constituencies null and void and to hold fresh elections in those areas. The group is also seeking damages for the harm caused by the alleged electoral malpractices.
Govindex filed the suit on Thursday, March 9, 2023, before the Federal High Court Abuja by its solicitors, Ifeanyi Nrialike, on behalf of Ikechukwu Ezechukwu, SAN & Co.
The group claims that INEC officials colluded with some political parties to manipulate the election results in their favour, thereby denying other political parties the chance to participate in a free and fair election. The foundation further alleges that INEC failed to investigate the complaints lodged by political parties, violating its constitutional responsibility.
The group is demanding the criminal prosecution of INEC officials that compromised the integrity of the presidential election.
According to court papers sighted by The Trent, the Govindex is demanding five reliefs from the court, there are detailed below:
1. A declaration that having regards to the provisions of the Section 160 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended), Sections 60(5) & 148 of the Electoral Act, 2022, paragraph (Clauses) 38 (i), (ii) & (iii) of the INEC Regulations and Guidelines for the Conduct of Elections, 2022, “the Defendant through her presiding officers are mandatorily required to electronically transmit, transfer or upload the scanned copy of Form EC8A result of the polling units directly to the collation system as prescribed by the Commission, that is, the usage of Bimodial Voters Accreditation System (BVAS) or such other relevant technology to upload the result into the INEC Result Viewing Portal (IReV) immediately and in real-time after completion of the polling units voting and Results procedures but before taking the results to the ward collation Centre from the polling units.”
2. A declaration that having regards to the provisions of the Section 160(1) of the constitution of the Federal Republic of Nigeria 1999(As Amended), Sections 60(5) & 148 of the Electoral Act, 2022, Paragraph (Clauses) 38 (i), (ii) & (iii) of the INEC Regulations and Guidelines for the Conduct of Elections, 2022, the Defendant through her presiding officers cannot competently conduct any elections in Nigeria without compliance with the mandatory provisions of the Act which requires the Defendant to electronically transmit, transfer or upload the scanned copy of Form EC8A result of the polling units directly to the collation system immediately and in real-time after completion of the polling units voting and Results procedures but before taking the results to the ward collation Centre from the polling units.
3. A relief was a declaration that having regards to the provisions of Section 60(6) of the Electoral Act, 2022, the defendant, “is under obligation to compile names of the presiding officers, whether ad-hoc or permanent, who failed to upload or electronically transmit or transfer the Election results of the polling units directly to the collation system as prescribed by the Commission, that is the BVAS or such other relevant technology and send the said list to office of Inspector-General of Police for investigation and prosecution.”
Reacting to the lawsuit, INEC’s spokesperson, Festus Okoye, said that the commission had always acted in accordance with the law and had conducted the last presidential and National Assembly elections in a transparent manner. He further added that INEC had investigated all complaints received and taken necessary actions where required.
The legal battle between Govindex Leadership Empowerment and Development Foundation and INEC has sparked concerns about the credibility of Nigeria’s electoral process.
Several civil society organizations and international observers have called for an independent inquiry into the allegations and urged the government to take steps to ensure free and fair elections in the future.
The case is expected to be closely watched by political parties and observers in Nigeria and could have significant implications for the country’s democratic system. As the legal battle begins, the people of Nigeria wait for the outcome and hope that justice will prevail.
