Justice Peter Kekemeke of the FCT High Court, Maitama, affirmed the court’s jurisdiction to hear a complaint brought by an eligible voter regarding the 2023 presidential election.
The judge delivered a ruling in a preliminary objection raised by the Independent Electoral Commission (INEC) in a suit marked suit NO: CV/2910/2023, filed Dr Ephraim Okoye, against the commission.
INEC had objected to the suit saying that the court does not have jurisdiction to hear the matter and that the claimant (Okoye) lacked the ‘locus standi to bring forth the instant suit.
Kekemeke held that the court had jurisdiction to hear the suit because the defendant has a duty to ensure that the election is free, fair and result reflects the outcome.
The judge further held that the claimant’s alleged that the commission breached its duty.
“The claimant has a legal right to hold the defendant accountable by insisting his vote must count.
”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 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 ” he held.
Kekemeke then adjourned the matter until Sept 24 for continuation.
In the suit, Okoye the through his counsel Mr James Onyemaechi, contended that INEC had a duty to conduct and transmit the result from his polling unit in accordance with INEC due process and Guidelines.
He claimed that prior to institution of this suit he had written to INEC requesting publication of the actual result and apology, but no response.
Okoye sought a declaration that INEC failed in its duty to transmit results from the Polling Unit.
He also sought a declaration that the results for Finance Quarters 1, Wuye, Abuja for the Presidential Elections held on the 25/02/2023 were not the actual results from the said Unit.
The Claimant prayed for an order of the Court directing the defendant to delete from the server the false results published for the Claimant’s polling unit.
In addition a further order directing the defendant to publish the correct form EC8A for the Unit signed by Nkwuda Precious Chizoba dated Feb.25.
He also sought an order of N50 million as damages for distress inflicted on the Claimant by reason of falsification of the results from his polling Unit.
Okoye further sought an apology from INEC to be published in two national dailies.
After the court’s ruling, Onyemaechi, said” today the court has proven once again that notwithstanding the stiff general and reputational challenges, the judiciary remains the last hope for the common man.”
