The Federal High Court in Abuja has summoned the Enugu State Independent Electoral Commission (ENSIEC) in a suit seeking to stop the Feb. 23 local government election in the state.
Also joined in the suit as first defendant is the Independent National Electoral Commission (INEC).
Ikengaonline reports that the suit was filed by an Enugu-based legal practitioner and chairman, African Peoples Alliance (APA), Enugu State chapter.
The court gave the defendants 30 days from the date of service of the process to enter appearance in the suit.
The plaintiff had in suit no. FHC/ABJ/CS/125/2022 approached the court through originating summons to determine the legality of holding the election at a time the INEC’s Continuous Voter Registration (CVR) was ongoing.
In a 23-paragraph affidavit deposed by the plaintiff, the legal practitioner said that he would be disenfranchised if the second defendant (ENSIEC) went ahead to conduct the election.
He said that the second defendant was saddled with the responsibility of advising the first defendant (INEC) on issues bordering on the registration of voters in the 17 local government areas of the state.
“This is in line with paragraph 4(b) of Part 2 of the Third Schedule to the Nigerian Constitution,” he said.
Ogbe said that the Electoral Act 2010 (as amended) and the 1999 Constitution (as amended) imposed a duty on INEC to suspend its CVR within a period not later than 60 days before any election by ENSIEC.
“This is in line with Sections 9(3) and 9(5) of the Electoral Act 2010 (as amended), Paragraph 15(e) of Part 1 of the Third Schedule made pursuant to Section 153 of the Constitution of the Federal Republic of Nigeria 1999(as amended).
“My position is also supported by Paragraph 4(b) of Part 2 of the Third Schedule, made pursuant to Section 197(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended),” he said.
The legal practitioner said that the suit became necessary following his conviction that he would be disenfranchised if the election was allowed to hold on the said date.
“I know that I shall not vote in the election as the first defendant has yet to issue me with my voter card after I corrected the wrongly spelt name on the card as part of the ongoing registration.
“I know as a fact that INEC cannot avail ENSIEC with an updated voters register to be used in conducting the election as the exercise is still ongoing in the state,” he said.
Ogbe, therefore, urged the court to determine whether ENSIEC had the constitutional powers to conduct elections in the 17 local government areas when INEC had not complied with the legal provisions.
The plaintiff also urged the court to declare that ENSIEC would not validly conduct the election when INEC had yet to suspend or put on hold the CVR in the state within a period of 60 days.
Ogbe also sought for an order of perpetual injunction, restraining ENSIEC from conducting the election when the legal provisions had not been complied with.
When contacted, the Administrative Secretary of ENSIEC, Mr Chukwudi Amah , said that he was not aware of the summon as the process had not been served on the electoral umpire.
