It has gone wide in the Nigerian press that the Federal High Court on Monday stopped the Independent National Electoral Commission (INEC) from ending the voter registration process for the 2023 election.
Some media houses and online news websites already reported that the court has canceled voter`s registration, thereby giving the impression that INEC has been mandated to continue with the registration exercise indefinitely.
Clariform can confirm that this is not the case, but rather what the Justice Mobolaji Olajuwon of the Federal High Court in Abuja on Monday ordered was that INEC stops the planned ending of the voters registration exercise on 30 June 2022.
Also, Clariform clarifies that the said order is not permanent, but a temporary one and may be lifted even before the said date of 30 June already planned by the Independent Electoral Commission.
THE COURT ORDER
The court order was made ex-parte following an application by the Plaintiff, the Socio-Economic Rights and Accountability Project (SERAP) and 185 others, meaning that INEC was not even represented in the consideration for the making of the order.
The suit has not been heard on merit and arguments have not been made to determine if the matter will even succeed on the merit of the facts.
In other words, what Justice Olajueom granted was a mere order of interim injunction following the hearing of an argument on motion ex-parte by SERAP. It was only a ruling and not a final court judgement.
THE SUIT
The suit with number FHC/L/CS/1034/2022 was initially filed at the Federal High Court, Lagos, but was later transferred to Abuja. Parties in the suit are SERAP and 185 other concerned Nigerians, while the Independent National Electoral Commission (INEC) is the Defendant.
In the suit, the Plaintiffs wants the court to determine “whether the failure of INEC to extend the deadline for voter registration is not a violation of Nigerian Constitution, 1999 [as amended], the Electoral Act, and international standards”.
They also want “a declaration that the failure of INEC to extend the deadline for voter registration is a violation of eligible Nigerians’ rights to participate freely in their own government, equality, and equal protection”.
SERAP and its co-plaintiffs are also asking the Federal High Court for “an order of mandamus to direct and compel INEC to extend voter registration by a minimum of three months and take effective measures to ensure that eligible Nigerians are able to register to exercise their right to vote in the 2023 general elections”.
In addition, the Plaintiffs in the matter are asking the court to “declare unconstitutional, illegal, and incompatible with international standards the failure of the electoral body to extend the deadline for voter registration to allow eligible Nigerians to exercise their rights”.
Further, the Plaintiffs have asked the court for “an order restraining INEC, its agents, privies, assigns, or any other person(s) claiming through it from discontinuing the continuous voters’ registration exercise from the 30th June 2022 or any other date pending the hearing and determination of the motion on notice”.
The main matter in the suit will be coming up possibly for hearing on the 29th of June 2022, when the actual Motion on Notice will be heard and argued on merit.
BACKGROUND
SERAP leading the other 185 concerned Nigerians had earlier this month approached the Federal High Court to force INEC to extend the period for voters` registration, to allow more time for people to get their PVCs in readiness for the 2023 election.
This was following a decision by INEC to extend the deadline for the political parties to conduct their primaries for selection of their candidates for the election, a decision, which was seen in some quarters as pro APC.
This was mainly because; the deadline extension was by six days, from June 3 to June 9, which allowed the APC accommodate their party primary after that of the rival PDP.
In contrast, the electoral body continuously initially rebuffed a plea by many Nigerians and Civil Society Organizations to also extend the online pre-registration, which already ended on May 30 2022, and the Continuous Voter Registration (CVR), which is also already scheduled to end 30 June 2022.
TAKEAWAY
The court order restraining INEC from stopping the voters` registration on the June 30th was made ex-parte following an application by the Plaintiff, the Socio-Economic Rights and Accountability Project (SERAP), meaning that it is the final judgement of the court.
It could be vacated even by the same court the next hearing on June 29, and if this happens then anyone that has not registered, who may be hoping that there will still be enough time to register will be disappointed.
