In a recent development, a Federal High Court in Abuja has issued a directive to the Independent National Electoral Commission (INEC), instructing them to identify, within the next 90 days, officials involved in the registration of underaged voters during the continuous voters’ registration (CVR) exercise across the country.
Justice Obiora Egwuatu, delivering the judgment, further mandated that the identified culprits be produced and handed over to the appropriate law enforcement agency for thorough investigation and possible prosecution.
The court’s decision includes a mandatory order for INEC to promptly expunge from its national voters’ register the names of all underage voters from each polling unit across the federation. This action aligns with the information compiled by the plaintiff in “Exhibit A” attached to the affidavit supporting the originating summons.
Moreover, the court has compelled INEC to furnish the plaintiff with a certified true copy (CTC) of the cleaned-up national voters’ register, ensuring that it includes only persons eligible to vote in Nigeria within the next 90 days. Alternatively, the judge ordered that the electoral umpire publish the cleaned-up national voters’ register on its website within the same timeframe.
The plaintiff, Rev. Mike Agbon, initiated the legal action, raising critical questions about INEC’s constitutional and legal obligations regarding credible CVR in Nigeria. The lawsuit questioned whether the defendant is bound by the constitution and the Electoral Act to conduct a CVR in strict compliance with these provisions. Additionally, it delved into the legality of registering underaged individuals during the CVR, and the consequences for such actions.
Agbon sought a mandatory order for INEC to identify and hand over its officials involved in underaged voter registration within a month, urging the appropriate law enforcement agency to conduct investigations and possible prosecutions.
The plaintiff’s claims were rooted in his discovery of underaged individuals registered by INEC, contrary to the stipulated qualifications for registration in the Electoral Act. Despite INEC Chairman Prof. Mahmood Yakubu’s assurance of cleaning up the register ahead of the elections, Agbon faced resistance when requesting the list of underaged and ineligible voters.
In delivering the judgment, Justice Egwuatu emphasized that the conditions for qualification as a voter, outlined in the Constitution and Electoral Act, include being a citizen residing in Nigeria and attaining the age of 18 years. The court found that voters registered by INEC in “Exhibit A” were underage, indicating a failure by registration officers to adhere to constitutional and statutory provisions.
Quoting Section 120(1) of the Electoral Act, 2022, the judge highlighted that any officer breaching their official duty commits an offense and could face a maximum fine of ₦500,000 or imprisonment for 12 months or both. The certified true copy of the judgment was sighted on Monday by NAN.
