A group of Nigerians led by Govindex Leadership, Empowerment and Development Foundation has sued the Independent National Electoral Commission (INEC) over its failure to comply with Section 160(I) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 60(5) and 148 of the Electoral Act, 2022.
The suit is filed at the Federal High Court, Abuja with INEC as the sole defendant. Even though no date has been assigned for the hearing of the suit, Govindex in the suit filed by its solicitors, Ifeanyi Nrialike Esq. on behalf of Ikechukwu Ezechukwu, SAN & Co., is demanding the criminal prosecution of INEC officials who compromised the integrity of the Saturday, February 25, 2023 presidential election.
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The group is demanding five reliefs, namely; A declaration that having regards to the provisions of the Section 160(1) of the Constitution of the Federal Republic of Nigeria 1999(As Amended), Sections 60(5) & 148 of the Electoral Act, 2022, paragraph (Clauses) 38 (i), (ii) & (iii) of the INEC Regulations and Guidelines for the Conduct of Elections, 2022, the Defendant through her presiding officers are mandatorily required to electronically transmit, transfer or upload the scanned copy of Form EC8A result of the polling units directly to the collation system as prescribed by the commission, that is, the usage of Bimodal Voters Accreditation System (BVAS) or such other relevant technology to upload the result into the INEC Result Viewing Portal (IReV) immediately and in real-time after completion of the polling units voting and Results procedures but before taking the results to the ward collation Centre from the polling units.
A declaration that having regards to the provisions of the Section 160(1) of the Constitution of the Federal Republic of Nigeria 1999(As Amended), Sections 60(5) & 148 of the Electoral Act, 2022, Paragraph (Clauses) 38 (i), (ii) & (iii) of the INEC Regulations and Guidelines for the Conduct of Elections, 2022, the Defendant through her presiding officers cannot competently conduct any elections in Nigeria without compliance with the mandatory provisions of the Act which requires the Defendant to electronically transmit, transfer or upload the scanned copy of Form EC8A result of the polling units directly to the collation system immediately and in real-time after completion of the polling units voting and Results procedures but before taking the results to the ward collation Centre from the polling units.
A declaration that having regards to the provisions of Section 60(6) of the Electoral Act, 2022, the Defendant is under obligation to compile names of the Presiding Officers, whether ad-hoc or permanent, who failed to upload or electronically transmit or transfer the Election results of the polling units directly to the collation system as prescribed by the Commission, that is the Bimodial Voters Accreditation System (BVAS) or such other relevant technology and send the said list to office of Inspector-General of Police for investigation and prosecution.
They are also demanding for an order of the court mandating the Defendant, her Presiding Officers of Collation of Results of polling units ad hoc or permanent Staff, to electronically transmit, transfer or upload the result of the polling units by the usage of the Biomodial Voter Accreditation or such other relevant technology to upload scanned copy of the form EC8A to INEC Result Viewing Portal (IRev) immediately and in real-time after completion of the polling units voting and Results procedure but before taking the results to the ward collation Centre from the polling units.
An order of the court mandating the Defendant to compile names of the Presiding Officers, whether ad-hoc or permanent, who failed to upload or electronically transmit or transfer the Election results of the polling units directly to the collation system as prescribed by the Commission, that is the Bimodal Voters Accreditation System (BVAS) and send the said list to office of Inspector-General of Police for investigation and prosecution within 14 days of making the Order or such time as the Court may Order.
The suit, filed on March 3, 2023, has the incorporated trustees of Govindex Foundation as the First Plaintiff, while the other Plaintiffs are Olatunde Joseph Okelana, Chinatu Udodiri Nwokorie, Tochukwu Emmanuel Ezeoke, Moses Iorhen Anongu, Okechukwu Joel Obieze, and Justice Chukwubuike Aninworie.