INEC, AGF dragged to court over underage voters, double voting

A Nigerian Citizen, Prince Ozodinobi has dragged the Independent National Electoral Commission, INEC and one other to court seeking to expunge list of double registrants and under-aged voters from the 2023 voters list.

In a suit marked FHC/ABJ/CS/24/2023 and made available to POLITICS NIGERIA, the Plaintiff noted that ‘the beginning of every credible or otherwise election is from the credibility of the Voters’ Register’.

He insisted that ‘the Voters’ Register as currently maintained by the 1st Defendant for the purposes of the 2023 General Election is heavily corrupted and afflicted with under-aged registrants and multiple registrants in contravention of the laws governing election in Nigeria.

The plaintiff is also asking the court to compel the Independent National Electoral Commission, INEC, to appoint a reputable auditing firm to carry out external forensic audit on the Voters’ Register that will be used for the 2023 general elections.

The suit which was brought before the federal high court is further seeking an order to restrain INEC from conducting the impending elections with a Voters’ Register containing the list of double registrants and under-aged voters.

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The plaintiff’s counsel Johnmary Jideobi Esq. asked the court for the determination of the following questions of law:

1. Whether in view of a community reading of Section 117(2) and Part I of the Third Schedule to the amended 1999 Constitution, Sections 12 (1), 19 and 20 of the Electoral Act, 2022 a credible general election can be conducted by the 1^stDefendant on the basis of a Voters’ Register containing “double registrants” and under-aged voters?
2. Whether having regard to section 117(2) and Part I of the Third Schedule to the amended 1999 Constitution, Section 12 (1), 19 and 20 of the Electoral Act, 2022 it is not unconstitutional for the 1^stDefendant to conduct a general election with a Voters’ Register besmirched/afflicted with  “double registrants” and under-aged voters?

And against the answers that may be proffered to the foregoing questions of law, the Plaintiff seeks the following reliefs in full:

1. A DECLARATION of this Honourable Court that in view of a community reading of Section 117(2) and Part I of the Third Schedule to the amended 1999 Constitution, Sections 12 (1), 19 and 20 of the Electoral Act, 2022 a credible general election cannot be conducted by the 1^st Defendant on the basis of a Voters’ Register containing “double registrants” and under-aged voters.
2. A DECLARATION of this Honourable Court that having regard to section 117(2) and Part I of the Third Schedule to the amended 1999 Constitution, Section 12 (1), 19 and 20 of the Electoral Act, 2022 it is not unconstitutional for the 1^st Defendant to conduct a general election with a Voters’ Register besmirched/afflicted with  “double registrants” and under-aged voters
3. AN ORDER of this Honourable Court expunging FORTHWITH, from the Voters’ Register maintained by the 1^stDefendant, the list of double registrants and under-aged voters as identified and assembled by the Plaintiffs in Exhibit A of the affidavit supporting this Originating Summons.
4. AN ORDER of this Honourable Court restraining the 1^st Defendant from conducting the 2023 General Elections with a Voters’ Register containing the list of double registrants and under-aged voters as identified and assembled by the Plaintiffs in Exhibit A of the affidavit supporting this Originating Summons.
5. AN ORDER of this Honourable Court appointing a reputable Auditing Firm [including but not limited to either; PricewaterhouseCoopers (PwC), KPMG, Deloitte & Touche and Ernst & Young to carry out external forensic audit on the Voters’ Register maintained by the 1^st Defendant with a view to removing all under-aged and double registrants from the Voters’ Register before the 2023 General Elections.
6. AN ORDER of this Honourable Court directing the Federal Government of Nigeria, as represented by the 2^ndDefendant, to bear the cost of the external forensic audit to be carried out on the INEC’s Voters’ Register by the court-appointed Auditing Firm.
7. ANY OTHER ORDER OR ORDERS that this Honourable Court may deem fit to make in the entire circumstances of this case.

The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, was listed as the 2nd Defendant in the case.

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Filed alongside is a motion for abridgment of time and accelerated hearing application which has not been given a date for hearing and determination.

Below is a copy of the Court processes filed;