A Federal High Court, in Abuja on Wednesday struck out the suit seeking to stop the Independent National Electoral Commission from using the Permanent Voter Cards for the forthcoming general election in the country.
A group, Society for Advancement and Protection of Public Rights, which filed the suit, had applied for its withdrawal in court.
The group, through its lawyer, told the court that it was withdrawing the suit on the ground that there are similar cases filed in other courts.
It said since the other suits with similar prayers and reliefs are pending in other courts, “this one will become an academic exercise. We ask for the withdrawal of the suit.”
Consequently, the trial judge, Justice Abdulkadir Kafarati, struck out the suit.
Nigerian Tribune will recall that the suit assumed a different dimension following the entrance of the All Progressives Congress; its presidential candidate, Major-General Muhammadu Buhari; the Peoples Democratic Party; and the Incorporated Trustees of the Physical and Civil Rights Enlightenment Foundation as interested parties.
The Society for Advancement and Protection of Public Rights had dragged INEC and Attorney General of the Federation before the court, praying for an order for the use of only the Temporary Voter Card for the forthcoming elections.
The plaintiff also wanted the court to restrain INEC from using card reader or other programmable machine, which may or have the effect of interfering with the constitutional right of any registered voter to vote at the 2015 general election.
The APC and PDP had hinged their motion for joinder on ground that their interest would be affected by the decision reached in the case, as it would affect the chances of their candidates contesting in the elections.
The APC submitted that it had long started and has continued to sensitise its members and the general public on the modalities for the conduct of the coming elections and in particular, on the use of Permanent Voters Card being distributed to prospective voters by INEC.
The APC further submitted that changing the information of INEC on the use of PVC now would adversely affect its position and preparations in the coming elections.
In the substantive suit, the group is asking for a declaration that INEC has no power to deprive or deny any Nigerian, who is eligible to vote by virtue of Sections 77(2) and 117(2) of the 1999 Constitution.
The plaintiff also wants the court to declare that the laws which prescribes the use of card reader machine for screening voters cards is ultra vires the power of INEC, inconsistent with provisions of the constitution and therefore, null and void.
The group, however, wants the court to give an order directing INEC to permit every willing Nigerian who has any voter’s card issued by INEC to vote at the 2015 general elections.
It also wants an order directing INEC to comply with Sections 77(2) and 117(2) of the 1999 constitution as well as Section 10(4) and 12 of the Electoral Act by ensuring that every registered Nigerian voter, who is willing to vote, is not prevented by the use of any card reader from voting at the general elections.
It also wants the court to give an order directing that the current voters register to be used for the 2015 general elections is the register existing, at least 60 days to the commencement of the 2015 general elections as notified by INEC, pursuant to Section 30(1) of the Electoral Act.
Nigerian Tribune.
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