Six states of the federation have dragged the Federal Government
before the Supreme Court over the conduct and subsequent collation and
announcement of the Feb. 25 Presidential and National Assembly elections.
The plaintiffs in the originating summons marked:
SC/CV/354/2023, are specifically asking for an order of the apex court
“directing a wholistic review of all results so far announced by the Federal
Government of Nigeria through the Independent National Electoral Commission
(INEC).
They alleged that the collation and announcement ofthe results
were carried out other than through the manner prescribed by the provisions of
the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of
Elections, 2022; and the INEC Manual for Election Officials.
The suit is filed by the Attorneys General of Adamawa,
Akwa-Ibom, Bayelsa, Delta, Edo and Sokoto State.
The Attorney General of the Federation is the sole respondent
and was brought pursuant to SECTIONS 6 (6) (a), 14 (2) (b), 153 (1) (F) AND 232
(1) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED);
SECTIONS 25 (1), (2) and 3; SECTIONS 60 AND 66 OF THE ELECTORAL
ACT, 2022.
They predicated their case on the grounds that the collation of
the national election results from the 36 States of the Federation, and that of
the Federal Capital Territory, for the said 2023 elections have not been
carried out in compliance with the mandatory provisions of relevant sections of
the Electoral Act, 2022.
According to the suit filed by their lawyer, Prof Mike Ozekhome,
SAN, the agents and officials of the federal government and INEC, failed to
transmit the collated result as prescribed by the provisions of the Electoral
Act, 2022 and the INEC Regulations and Guidelines for the Conduct of Elections
2022.
They said the commission failed to adhere to the transmission of
the results by the use of Bimodal Voter Accreditation System (BVAS) in flagrant
breach of the relevant provisions of the Electoral Act, 2022; the INEC
Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC
Manual for Election Officials, 2023.
It is their submission that the “non-compliance” with the due
process of law has led to a widespread agitation, violent protests,
displeasure, and disapproval from a wide spectrum of the Nigerian populace,
including International Observers, Political parties, well-meaning Nigerians
and former Head of States of the Federal Republic of Nigeria”.
They further claimed that the widespread violent protests,
demonstrations and rallies have endangered the peace, order, good governance,
security and safety of the Plaintiffs.
Meanwhile, plaintiffs argued that the federal government through
INEC, “is empowered by law to correct the elections due to technical glitches
and errors arising from the conduct of the elections.
“Whilst queries were
being raised as to the failure or deliberate refusal of INEC to transmit the
results electronically, the INEC suddenly pulled down its portal harbouring the
Regulations and Guidelines, thus leaving the Plaintiffs in the dark.
“Most Nigerians,
including the Governments and peoples of Adamawa, Akwa Ibom State, Bayelsa
State, Delta State, Edo, and Sokoto state, are entitled to a proper and
electoral lawful process and procedure that guarantees a free, fair,
transparent and credible election.
“There is no justifiable
basis for the ongoing collation of results without compliance with the
mandatory provisions of the law that mandatorily require the use of BVAs,
electronic transmission to the IRev Portal.
They argued that unless
the court intervenes, the governments and people of Adamawa, Akwa Ibom,
Bayelsa, Delta, Edo and Sokoto state, who have suffered and will continue to
suffer irreparable hardship and damage of unquantifiable proportions.
They prayed a
declaration that the entire results of the presidential election conducted on
Feb. 25, announced by the Chairman of the INEC, at the National Collation
Centre, Abuja, was in flagrant provisions of Sections 25; 47(2); 60 (1), (2),
(4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022.
Meanwhile the plaintiffs brought an application praying the apex
court for an order directing a departure from the rules of the apex court in
the interest of justice by directing for accelerated hearing of the substantive
suit.
Besides, plaintiffs also
filed another application seeking for an order for abridging time for parties
to file and serve responses for and against the suit.
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