PVC: Domkat Bali, Jos monarch, others sue INEC

A former Minister of Defence, Gen. Domkat Bali; Speaker of the Plateau State House of Assembly, Mr. Titus Alams; the Attorney General of Plateau State; and the Gbong Gwom Jos, Jacob Buba have sued the Independent National Electoral Commission over the recently-concluded permanent voter card registration exercise.

In an originating summons instituted at the Federal High Court in Abuja, the plaintiffs, who also included the chairmen of all the 17 local government areas and foremost traditional rulers in Plateau State, want the court to stop INEC from using the recently updated voter register for the 2015 general elections because it will de-enfranchise many voters in the state.

They want the court not to use the recently-concluded voter registration but to use the national register of voters already compiled and maintained by INEC for each state of the federation and the Federal Capital Territory, which it used for the 2011 general elections.

The plaintiffs, through their counsel, S.G Odey, want the court “to determine whether having regards to section 14 (2) (c) of the Constitution (as amended), Section 12 (1) of the Electoral Act, 2010 (as amended), Article 13 (1) of the African Charter on Human Rights (Ratification and Enforcement) Act, 20104 as well as the principles of Universal Adult Suffrage, guaranteeing a person who is qualified to vote and be voted for at the forth coming general elections or any other general election conducted by INEC, can the defendant set down rules, regulations, guidelines or time table to deprive or having the effect of depriving any person from exercising the right to vote or be voted for.”

They also want the court to determine “whether having regards to sections 9 (5) and (2) of the Electoral Act, 2010, that guarantees continuous registration of voters, can the defendants set down any rules, regulations, guidelines or time table restricting or limiting continuous registration of voters to any given period not later than 60 days before the forthcoming general election or at any general election contrary to the provision of the aforesaid law.

“That having regards to Section 9 (1) and (2) of the Electoral Act, 2010, (as Amended), and having regards to the National Register of Voters compiled and maintained by the defendant for each state of the federation, Federal Capital Territory, Local Governments and Area Councils, whether the defendant is not bound to allow persons whose names are in the said register of voters to vote and be voted for at the forthcoming general election or at any general election.”

The plaintiffs are asking the court “to declare that INEC cannot set down any rules, regulations, guidelines or time table restricting or limiting continuous registration of voters to any given period not later than 60 days before the forth coming general election or at any general election and that the electoral body is bound and mandated by law to allow persons who are qualified and whose names are in the National Register of Voters compiled and maintained by the defendant for each state of the Federation, Federal Capital Territory, Local Governments and Area Councils to vote and be voted for at the forth coming general election or at any general election.”

They also want the court to declare “that the defendant has no power or vires to prevent a registered voter who has not been issued with a permanent voter card from voting at the forth coming general election or any general election.”

In an affidavit in support of the originating summons, sworn to by the Chairman of the Barkin Ladi Local Government Area, the plaintiffs said that INEC knew that it was not ready for the PVC before it embarked on the exercise thus leaving thousands of eligible voters from having their names in the new register.

They therefore want the court to declare the PVC as null and void and to direct INEC to allow persons who are qualified and whose names are in the national register to vote in the 2015 elections.

No date has been fixed for the hearing of the suit.