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SERAP, 185 Nigerians sue INEC over failure to extend voter registration

THE Socio-Economic Rights and Accountability Project (SERAP) and 185 concerned Nigerians have sued the Independent National Electoral Commission (INEC) over its failure to extend voter registration ahead of the 2023 general elections.

This was disclosed in a statement released on Sunday by Kolawole Oluwadare, SERAP Deputy Director.

SERAP is asking the court to determine whether the failure of INEC to extend the deadline for voter registration is not a violation of the 1999 Constitution, the Electoral Act, and international standards.

According to the statement, SERAP and the other plaintiffs asked the court to “declare unconstitutional, illegal, and incompatible with international standards the failure of the electoral body to extend the deadline for voter registration to allow eligible Nigerians to exercise their rights”.

The statement added, “Against its earlier stance, INEC recently extended the deadline for the conduct of primaries by political parties by six days, from June 3 to June 9. But the Commission has also failed to extend the online pre-registration, which ended May 30, 2022, and the Continuous Voter Registration (CVR) ending June 30 2022.

“In the suit number FHC/L/CS/1034/2022 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to determine ‘whether the failure of INEC to extend the deadline for voter registration is not a violation of Nigerian Constitution, 1999 [as amended], the Electoral Act, and international standards.”

SERAP is also asking the court for “a declaration that the failure of INEC to extend the deadline for voter registration is a violation of eligible Nigerians’ rights to participate freely in their own government, equality and equal protection.”

The civil society organisation and the other plaintiffs are also seeking “an order of mandamus to direct and compel INEC to extend voter registration by a minimum of three months and take effective measures to ensure that eligible Nigerians are able to register to exercise their right to vote in the 2023 general elections”.

SERAP is also asking the court for “an order restraining INEC, its agents, privies, assigns, or any other person(s) claiming through it from discontinuing the continuous voters’ registration exercise from the June 30, 2022, or any other date pending the hearing and determination of this suit”.

In the suit, SERAP is arguing that: “Enforcing unrealistic voter registration deadline while extending the deadline for party primaries would deny and abridge the constitutional and international human rights of eligible voters.”

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In the originating summons filed by its lawyers, Oluwadare and Opeyemi Owolabi, SERAP argued that extending the voter registration exercise would bolster voter confidence in the electoral process.

SERAP added, “One of the people’s most sacred rights is the right to vote. The commission has a constitutional and statutory responsibility to ensure the effective exercise of the right of all eligible voters to participate in their own government.

“Extending the deadline for party primaries without providing adequate time and opportunity for eligible voters to register and participate in the 2023 general elections would amount to unfair and discriminatory treatment of Nigerian voters and violate other human rights.

“Extending the voter registration deadline would provide more time for eligible voters, including young people, the elderly, people living with disability, as well as those residents in states facing security challenges and living in IDP camps to participate in the 2023 elections.

“Extending the deadline for voter registration would be entirely consistent with constitutional and international standards and the Electoral Act. Any such extension would also not impact negatively on INEC’s election calendar and activities.

“The public perception of the independence and impartiality of INEC is essential for building public confidence in the electoral process and ensuring the credibility and legitimacy of the 2023 elections.

“The Nigerian Constitution 1999 (as amended) provides in Section 14(1)(c) that ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’




     

     

    “Section 9(6) of the Electoral Act 2022 provides that ‘the registration of voters, updating and revision of the Register of Voters under this section shall not stop not later than 90 days before any election covered by this Act.’

    “Similarly, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy, Elections and Governance guarantee the right to political participation.”

    Noting that the right of people to participate in their government is a fundamental feature of any democratic society, SERAP stressed that any undue restriction of the right would strike at the heart of representative government.

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    The suit is yet to be assigned a date for hearing.

    Bankole Abe
    Reporter at ICIR | [email protected] | Author Page

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