A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to identify and produce its officials responsible for the registration of underage voters during the continuous voters’ registration (CVR) exercise across the country.
The court further instructed that the culprits be handed over to the appropriate law enforcement agency for investigation and possible prosecution.
Justice Obiora Egwuatu delivered the judgement, which also mandated INEC to immediately remove the names of all underage voters from its national voters’ register. These names were identified and compiled in “Exhibit A,” attached to the affidavit supporting the originating summons. The court compelled INEC to provide the plaintiff with a certified true copy (CTC) of the cleaned-up national voters’ register within 90 days. Alternatively, INEC was ordered to publish the cleaned-up register on its website within the same timeframe.
The court answered the six questions posed by the plaintiff in the affirmative. The lawsuit was filed by Rev. Mike Agbon, who sued INEC as the sole defendant, seeking clarity on matters related to credible CVR, compliance with the Constitution and electoral laws, the registration of underaged voters, and the responsibility of INEC.
Agbon argued that electoral processes in Nigeria have suffered from a lack of credibility, and INEC, as the custodian of the national voters’ register, has a duty to maintain and update it in accordance with the law. He discovered that underage individuals were registered by INEC in violation of the Electoral Act. The plaintiff presented compiled copies of the registered underaged voters from the INEC website as evidence.
According to the News Agency of Nigeria (NAN), despite being served with court processes and hearing notices, INEC failed to appear in court or file any defense in the case.
Justice Egwuatu emphasized that the provisions of the Constitution and the Electoral Act clearly outline the qualifications for voter registration, including being a Nigerian citizen, resident in Nigeria, and at least 18 years old. The underage voters registered by INEC, as identified in “Exhibit A,” were in violation of these requirements. The judge referenced Section 120(1) of the Electoral Act, which states that any officer who breaches their official duty is liable to a maximum fine of N500,000 or imprisonment for 12 months, or both.