Uncompleted online voter registration: 7m Nigerians sue INEC
(Nigeria) Twenty-four Nigerians have filed a lawsuit against the Independent National Electoral Commission, INEC, for “failing to give them and other seven million Nigerians adequate time and opportunity to complete their voter registration after they have carried out their registration online.”
The plaintiffs who are
suing for themselves and on behalf of seven million other Nigerians want to
“complete the registration 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.
But in the suit number FHC/ABJ/CS/1662/2022
filed last Friday at the Federal High Court, Abuja, the Plaintiffs are seeking “an
order of mandamus to direct and compel INEC to re-activate its continuous
voters registration exercise to allow the Plaintiffs to complete their
registration and collect their Permanent Voters’ Cards (PVCs).”
The Plaintiffs are also seeking “an order of
mandamus to direct and compel INEC to provide adequate facilities and deploy
personnel to the registration units of the Plaintiffs to enable them complete
their registration and collect their PVCs.”
The Plaintiffs are arguing that, “We have
completed the online registration exercise. Denying us the time and opportunity
to complete the registration for our PVCs would impair our right to vote, and
deny us a voice in the 2023 elections.”
The plaintiffs are also
arguing that, “The inability to complete our registration is entirely due to
factors outside of our control. We are eligible Nigerians but unless we are
given a reasonable time and opportunity to complete the registration process,
and obtain our voter cards, we will not be able to vote in the 2023 general
elections.”
The 24 Nigerians include:
Adeeyo Bayo Wasiu; Kunat Tychius Amos; Tagbo Philips Chidubem; Emeghe Uchanma
Grace; Ayoola Opeyemi Ebenezer; Eche Onah Otakpa; Olatoye Clement Damilola; and
Ogunejiofor Raphael Emeka.
Others include: Adedotun Adegoke Babatunde;
Emmanuel Promise Tochukwu; Emmanuel Ternajev; Joy Oluwadamilola Ige; Lawerence
Ignatius; Agbede Kunle; Eze Daniel Ndubisi; and Nkemdilim Agbor Bassey.
Others are: Omoike Iredia Oseine; Joshua
Patrick Ogenekaro; Wisdom Emeka; Ukpe Victor Destiny; Abayomi Opeoluwa;
Ndubuisi Anthony Ahanihu; Akande Akintunde O; and Adamma Rhodes.
The suit on behalf of the
Plaintiffs by lawyers to Socio-Economic Rights and Accountability Project, SERAP,
Kolawole Oluwadare and Ms Adelanke Aremo, read in part: “Closing the gates on
eligible Nigerians cannot preserve trust in the electoral process.
“According to reports, the inability of
Nigerians to complete their voters registration exercise or even transfer their
permanent voters’ card, affected wide spectrums of persons, hence this class
action by the identified plaintiffs on behalf of other affected Nigerians.
“There were reports of incidence of
bribery, unethical conducts of INEC staff, registration process marred by
irregularities, insufficient machines, malfunctioning of machines, insufficient
staff and unskilled staff, before the defendant ended the Continuous Voters
Registration Exercise on the 31st July, 2022.
“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.
“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
Plaintiffs and seven million other 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.
“The Plaintiffs are Nigerians who commenced
the voters registration exercises in their respective states via successful
online enrolment at the respective dates but could not complete the
registration process, and obtain their voters cards.
“The plaintiffs also include those who are
interested in transferring their permanent voters’ cards to another location so
that they can vote.
“The Plaintiffs and other eligible
Nigerians have the rights to equal treatment before the law, equal protection,
non-discrimination and equal opportunities to participate in the government of
Nigeria.
“By refusing the Plaintiffs and seven
million other 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.
“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.
“The 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 Plaintiffs and seven million other
Nigerians have already completed their registration online, that is, via INEC
online portal by providing their biodata and required documents.
“According to INEC, the 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.”
No date has been fixed for the hearing of
the suit.
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