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Court Mandates INEC Action: 90 Days to Hand Over Officials for Underage Voting Prosecution

A Federal High Court in Abuja has issued a consequential directive to the Independent National Electoral Commission (INEC), compelling the identification and handover of its officials involved in the registration of underage voters during the continuous voters’ registration (CVR) exercise. 

Justice Obiora Egwuatu, presiding over the case, ruled that INEC must identify the culpable individuals within 90 days, subsequently handing them over to the appropriate law enforcement agency for investigation and potential prosecution.

The judgment comes as a response to the court’s acknowledgment of the plaintiff’s concerns regarding the registration of underage voters during the CVR exercise in polling units across Nigeria. 

Rev. Mike Agbon, the plaintiff, initiated the legal action through a suit against INEC, posing critical questions on the commission’s constitutional, legal, and duty-bound obligations in conducting credible CVR.

Justice Egwuatu, in rendering the judgment, further mandated INEC to expunge promptly from its national voters’ register the names of all identified underage voters. 

The court specified that the cleansing of the register should align with the plaintiff’s compilation in “Exhibit A,” attached to the affidavit in support of the originating summons.

Additionally, the court issued a mandatory order for INEC to provide the plaintiff with a certified true copy (CTC) of the cleaned-up national voters’ register within 90 days. 

Alternatively, the electoral umpire was directed to publish the cleaned-up register of eligible voters on its website within the same timeframe.

The plaintiff, Rev. Mike Agbon, had raised six questions for determination, challenging the constitutionality and legality of INEC’s actions during the CVR exercise. 

Questions included whether the Electoral Act binds INEC to conduct CVR in strict compliance with the provisions of the constitution and its enabling act, and whether it is illegal for INEC to register underage individuals.

In his plea, Agbon sought a mandatory order directing INEC to identify, produce, and hand over officials involved in the registration of underage individuals for investigation and prosecution within one month. 

The court’s judgment aligns with this request, underscoring the significance of accountability in upholding the integrity of electoral processes.

The court’s decision highlights the importance of adherence to established legal frameworks in electoral activities. 

By emphasizing the necessity of maintaining accurate and lawful voter registers, the judgment seeks to address concerns related to the credibility of the electoral process, a critical aspect of democratic governance.

As the 90-day deadline looms for INEC to comply with the court’s directives, the case sets a precedent for ensuring accountability and transparency within electoral management bodies. The public awaits the implementation of these measures, anticipating a positive impact on the electoral system’s integrity and fostering confidence in democratic processes.

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