2023: Court Urged To Stop INEC’s Electronic Transmission Of Election Results

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BY ONYEKACHUKWU IBEZIM – The Federal High Court, Owerri Division in Imo State, has been requested to stop the Independent National Electoral Commission (INEC) from electronic accreditation of voters and transmission of the 2023 general elections results.

In an Originating Summons in suit number FHC/OW/CS/144/2022, the plaintiff, Nwankwere Morale Chinwen, urged the court to halt the deployment of the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument or gadget by the INEC for next year’s polls.

Listed as 1st and 2nd Defendants, respectively in the suit are INEC and its chairman, Professor Mahmood Yakubu.

The plaintiff, through his Counsel, J.O. Abazie Esq, urged the Court to determine the following questions: “Whether in view of the combined effect of Sections 50(2), 60 and 62 of the Electoral Act, 2022, it is not illegal and unlawful for the Defendants to electronically transmit, feed or collate the results of elections at the 2023 General Elections?

“Whether in view of the unassailable fact of unavailability and inaccessibility of telecommunication network coverage across substantial part of Nigeria, it is not untenable, unreasonable and utterly impracticable for the Defendants to use or deploy the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument, device or gadget of such or same nature, for the accreditation of registered voters in the 2023 General Elections?”

Other reliefs being sought from the court include a declaration that it is unconstitutional, illegal and unlawful for the Defendants to use or deploy the BVAS or any other similar device, equipment, instrument or gadget of such or same nature for the accreditation of registered voters in the 2023 General Elections, and a declaration that it is illegal and unlawful for the Defendants to electronically transmit, feed or collate the results of elections at the 2023 General Elections.

Additionally, the plaintiff is seeking a declaration that in view of the unassailable fact of unavailability and inaccessibility of telecommunication network coverage across substantial part of Nigeria, it is untenable, unreasonable and utterly impracticable for the Defendants to use or deploy the BVAS or any other similar device, equipment, instrument, device or gadget of such or same nature, for the accreditation of registered voters in the 2023 General Elections, and an order or injunction restraining the Defendants, whether by themselves, staff, officers, privies or howsoever described from using or deploying the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument or gadget of such or same nature tor the accreditation of registered voters in the 2023 General Elections.

He also urged the Court to issue an order of injunction restraining the Defendants, whether by themselves, staff, officers, privies or howsoever described from electronically transmitting, feeding or collating the results of elections at the 2023 General Elections.

The Court is yet to fix a date for the hearing of the matter.

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