A FEDERAL Capital Territory (FCT) High Court in Maitama, Abuja, has affirmed its jurisdiction to hear a suit challenging results transmitted by the Independent National Electoral Commission during the 2023 presidential election.
News Point Nigeria reports that Justice Peter Kekemeke delivered the ruling while dismissing a preliminary objection filed by INEC in the suit marked CV/2910/2023, instituted by an eligible voter, Ephraim Okoye.
In the suit, Okoye, through his counsel, James Onyemaechi, argued that INEC failed in its responsibility to conduct and electronically transmit the original results from his polling unit in accordance with the commission’s guidelines during the February 25, 2023 presidential election.
The claimant stated that all efforts made to compel the commission to publish the actual result and issue an apology before filing the suit proved unsuccessful.
Okoye is seeking a declaration that INEC failed to transmit the authentic result from his polling unit and that the result recorded for Finance Quarters 1, Wuye, Abuja, was not the actual outcome of the election conducted there.
He also urged the court to order INEC to delete what he described as false results from its server and publish the correct Form EC8A for the polling unit, signed by Nkwuda Precious Chizoba on February 25, 2023.
The claimant further asked the court to award N50 million in damages for the distress allegedly caused by the falsification of the election result, as well as compel INEC to publish a public apology in two national newspapers.
INEC, however, challenged the suit, arguing that the court lacked jurisdiction to entertain the matter and that the claimant lacked the locus standi to institute the action.
But in his ruling, Justice Kekemeke dismissed the objection, holding that the electoral commission has a constitutional duty to ensure elections are free, fair, credible, and reflective of the will of the electorate.
The judge held that the claimant had sufficiently demonstrated interest in the matter and possessed the legal right to seek accountability from the electoral body.
“The claimant has a legal right to hold the defendant accountable by insisting his vote must count,” the judge ruled.
“Unlike other voters, he voted and waited for collation which was done, he snapped same, endured sun, rain and even rented a canopy to ensure accountability.
“It is imperative that the claimant has a sufficient interest in the subject matter.
“Every Nigerian or voter has locus standi to challenge and hold the defendant accountable for the advancement of democracy and sanctity of our electoral system.
“The judiciary can no longer sit back and watch helplessly under the guise of not rocking the boat.
“The law is dynamic. Society must progress, and accountability must be demanded of agencies of government.
“It is my view, and so hold that the claimant has locus standi to bring this action.
“The notice of objection therefore fails, and it is dismissed.”
Following the ruling, the court adjourned the matter until September 24 for continuation of hearing.