A Federal High Court, in Abuja, on
Wednesday, struck out the suit seeking to stop the Independent National
Electoral Commission (INEC) from using the permanent voter card (PVC) for the
forthcoming general election in the country.
A group, Society for Advancement and
Protection of Public Rights, which filed the suit, had applied for its
withdrawal in court.
The group, through its lawyer, told
the court that it was withdrawing the suit on the ground that there are similar
cases filed in other courts.
It said since the other suits with
similar prayers and reliefs are pending in other courts, “this one will become
an academic exercise. We ask for the withdrawal of the suit.”
Consequently, the trial judge,
Justice Abdulkadir Kafarati, struck out the suit.
Nigerian Tribune will recall that
the suit assumed a different dimension following the entrance of the All
Progressives Congress (APC), its presidential candidate, Major-General
Muhammadu Buhari; the Peoples Democratic Party (PDP) and the Incorporated
Trustees of the Physical and Civil Rights Enlightenment Foundation.
Society for Advancement and
Protection of Public Rights had dragged INEC and Attorney General of the
Federation (AGF) before the court, praying for an order for the use of only the
temporary voter card (TVC) for the forthcoming elections.
The plaintiff also wanted the court
to restrain INEC from using card reader or other programmable machine which may
or have the effect of interfering with the constitutional right of any
registered voter to vote at the 2015 general election.
APC and PDP had hinged their motion
for joinder on ground that their interest would be affected by the decision
reached in the case, as it would affect the chances of their candidates
contesting in the elections.
APC submitted that it had long
started and has continued to sensitise its members and the general public on
the modalities for the conduct of the coming elections and in particular, on
the use of Permanent Voters Card being distributed to prospective voters by
INEC.
APC further submitted that changing
the information of INEC on the use of PVC now would adversely affect its
position and preparations in the coming elections.
In the substantive suit, the group
is asking for a declaration that INEC has no power to deprive or deny any
Nigerian, who is eligible to vote by virtue of Sections 77(2) and 117(2) of the
1999 Constitution.
The plaintiff also wants the court
to declare that the laws which prescribes the use of card reader machine for
screening voters cards is ultra vires the power of INEC, inconsistent with
provisions of the constitution and therefore, null and void.
The group, however, wants the court
to give an order directing INEC to permit every willing Nigerian who has any
voter’s card issued by INEC to vote at the 2015 general elections.
It also wants an order directing
INEC to comply with Sections 77(2) and 117(2) of the 1999 constitution as well
as Section 10(4) and 12 of the Electoral Act by ensuring that every registered
Nigerian voter, who is willing to vote, is not prevented by the use of any card
reader from voting at the general elections.
It also wants the court to give an
order directing that the current voters register to be used for the 2015
general elections is the register existing, at least 60 days to the
commencement of the 2015 general elections as notified by INEC, pursuant to
Section 30(1) of the Electoral Act.
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