A Federal Capital Territory (FCT) high court in Maitama has affirmed jurisdiction to hear a suit challenging results transmitted by the Independent National Electoral Commission (INEC) during the 2023 presidential election.
Peter Kekemeke, presiding judge, delivered the ruling on a
preliminary objection filed by INEC in a suit marked CV/2910/2023, as
instituted by Ephraim Okoye, an eligible voter.
In the suit, Okoye, through his counsel, James Onyemaechi,
argued that INEC failed in its duty to conduct and transmit original results
from his polling unit in line with its guidelines.
He said efforts to get the commission to publish the actual
result and issue an apology before filing the suit were unsuccessful.
Okoye is seeking a declaration that INEC failed to transmit
the result from his polling unit and that the result recorded for Finance
Quarters 1, Wuye, Abuja, in the February 25, 2023 presidential election, was
not the actual outcome.
He also asked the court to order INEC to delete what he
described as false results from its server and publish the correct form EC8A
for the polling unit, signed by Nkwuda Precious Chizoba on February 25.
The claimant is further seeking N50 million in damages for
distress allegedly caused by the falsification of the result, as well as a
public apology from INEC in two national dailies.
INEC had argued that the court lacked jurisdiction to
entertain the matter and that Okoye lacked locus standi to file the suit.
However, Kekemeke dismissed the objection, holding that the
commission has a duty to ensure that elections are free, fair and reflective of
the will of the electorate.
He said the claimant had sufficiently demonstrated interest
in the matter and the right to seek accountability.
“The claimant has a legal right to hold the defendant
accountable by insisting his vote must count,” the judge said.
“Unlike other voters, he voted and waited for collation
which was done, he snapped same, endured sun, rain and even rented a canopy to
ensure accountability.
“It is imperative that the claimant has a sufficient
interest in the subject matter.
“Every Nigerian or voter has locus standi to challenge and
hold the defendant accountable for the advancement of democracy and sanctity of
our electoral system.
“The judiciary can no longer sit back and watch helplessly
under the guise of not rocking the boat.
“The law is dynamic. Society must progress, and
accountability must be demanded of agencies of government.
“It is my view, and so hold that the claimant has locus
standi to bring this action.
“The notice of objection therefore fails, and it is
dismissed.”
The judge subsequently adjourned the case to September 24
for continuation of hearing.
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