A Federal High Court in Abuja has directed the Independent National Electoral Commission (INEC) to identify and hand over to the appropriate law enforcement agency its officials involved in the registration of underaged voters during the continuous voters’ registration (CVR) exercise in polling units across the country.
The court also ordered INEC to expunge from its national voters’ register the names of all the underage voters from each of the polling units across the federation published on her website.
Furthermore, the commission is to furnish the plaintiff with a certified true copy (CTC) of the cleaned-up national voters’ register of all the persons eligible to vote in Nigeria within 90 days or publish the cleaned-up national voters’ register on its website within the same period.
The order was given by Justice Obiora Egwuatu in a judgment delivered on November 28 in the case filed by Rev. Mike Agbon, who had sued INEC as the sole defendant.
The plaintiff, Rev. Mike Agbon, in the originating summons marked: FHC/ABJ/CS/367/2023 filed on Match 17 through his lawyer, Desmond Yamah, had sued INEC as sole defendant.
In the suit, the plaintiff posited six questions for determination including “whether the defendant is constitutionally, legally and duty bound to conduct credible CVR in the Federal Republic of Nigeria.
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“Whether the defendant is bound by the constitution and its enabling statute, the Electoral Act, 2022, to act in strict compliance with the provisions of the constitution and its enabling act.
“Whether by virtue of Section 23 of the Electoral Act, 2022, it is illegal and unlawful for the defendant to have registered underaged i.e., infants and toddlers, during the CVR.
“Whether the admission by the defendant that it has a substantial number of the underaged, illegal and illegible voters published in its voters’ register, exonerates the defendant from any sanction within the ambit of the law for registering underaged as contained in Sections 12 & 23 of the Electoral Act, 2022,” among others.
Agbon, therefore, sought “a mandatory order, compelling and directing the defendant to forthwith within one month to identify, produce and hand its officials that are involved in the registration of the underaged in each polling unit across the federation for investigation and prosecution by the appropriate law enforcement agency,” etc.
The plaintiff submitted that for many years now, particularly since the return of the country to democratic governance in May 1999, the regrettable issue of lack of credibility of the electoral processes had been a recurring challenge which had greatly distressed the political space.
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He said INEC by virtue of the provisions of the Electoral Act, maintains and updates the national voters’ register.
Agbon said prior to the 2023 general elections, the electoral umpire conducted CVR nationwide and displayed the national register of voters on its website between Nov. 12, 2022 and Nov. 25, 2022.
He alleged that upon perusal of the national register of voters, he discovered that the commission registered underaged contrary to the provisions of the Electoral Act, (supra) which clearly described the qualification for registration
The plaintiff backed his argument with compiled copies from the INEC website of the underage registered and marked it as “Exhibit A.”
He told the court that on Nov. 23, 2022, INEC’s Chairman, Prof. Mahmood Yakubu, at a national stakeholders’ forum on elections organised by the Nigeria Civil Society Situation Room (NCSSR), assured Nigerians that based on the observations of Nigerians, the commission would dutifully clean up the register ahead of the elections.
Agbon said through his lawyer, he made a formal request for the commission to furnish him with the list and names of the underage and ineligible voters but it vehemently refused and ignored the said application.
However, despite being served with court processes and hearing notices in the matter, INEC was neither represented in court nor filed any defence.
