The Independent National Electoral Commission INEC said it will appeal the judgment of a federal high court asking it to allow registered voters with Temporary Voter Cards (TVCs) during elections.
The development was confirmed on Thursday by the Chief Press Secretary to the INEC Chairman, Mr Rotimi Oyekanmi.
“The Independent National Electoral Commission INEC has been served a copy of the judgement delivered today by the Federal High Court, Abuja Division which ordered it to allow two Plantiffs to vote with their Temporary Voter’s Card TVC.
“The Commission is taking immediate steps to appeal against the judgement of the trial court,” said Oyekanmi.
Kofoworola Olusegun and Wilson Allwell had challenged INEC on its position that only a permanent voter card (PVC) can be used in an election in a suit marked FHC/ABJ/CS/180/2023 and filed on February 8.
Ruling on the case on Thursday, Justice Obiora Eguatu of the Federal High Court sitting in Abuja said there was no portion of the law, both the 1999 Constitution and the Electoral Act (as amended) that states that it is only Permanent Voter Cards PVCs that could be used, but that the law under Section 47 provided for only a voter’s card.
Section 47(1) of the Electoral Act 2022 (as amended) provides that; “A person intending to vote in an election shall present himself with his voter’s card to a Presiding Officer for accreditation at the Polling Unit in the constituency in which his name is registered.”
“An order is made compelling the defendant (INEC) to allow the plaintiffs to vote using their temporary voter cards issued by the defendant, the plaintiffs having been duly captured in the national register of voter’s database,” the judge held.
“This court makes a declaration that the plaintiffs, having fulfilled all necessary legal requirements to register and having consequently been captured in the defendant’s (INEC’s) central database and manual, printed paper-based record or hard copy format of the defendant’s maintained register of voters, the plaintiffs are entitled to vote using their Temporary Voter Cards in the forthcoming 2023 general election.”
Since 2011, INEC, relying on its powers to develop guidelines for the elections and manage the electoral process had consistently maintained a policy of “no PVC, no voting.”
Ifunanya Ikueze is an Engineer, Safety Professional, Writer, Investor, Entrepreneur and Educator.
