PDP Chieftain Asks Court To Restrains INEC From Using Card Readers

PDP Chieftain Asks Court To Restrains INEC From Using Card Readers

A chieftain of the Peoples Democratic Party (PDP) in Ogun State, Chief, Waliu Taiwo has asked a Federal High Court in Lagos to barred the Independent National Electoral Commission (INEC) from using the Electronic Card Readers during the forthcoming general elections.

Taiwo, who is the candidate of the party for the Ogun West Senatorial District, is praying the court for an order restraining the use of the card readers because the commission's guidelines which authorised the use is unconstitutional and should be nullified. 

The applicant, in the suit numbered FHC/C/CS/296/15, further questioned Section 12 (c) of the guidelines which states that "in the event that the PVC fails to be read by the Card Reader, the APO (Assistant Presiding Officer)...shall file a report of the incident; inform the voter of the problem and that he/she cannot be accredited; and politely request the voter to leave the polling zone."

He maintained that this is "the first time anywhere in the world where a device such as the Card Reader as proposed to be used by INEC would be used to the effect that it supercedes the content of the register of voters properly compiled by the electoral body."

The Attorney-General of the Federation Mohammed Bello Adoke (SAN) is also a respondent in the suit. 

The respondent is also praying the court for an order of interlocutory injunction restraining INEC or its agents from proceeding with its proposed plan to use the card readers for the purpose of determining those who can vote. 

The politician further wants an order directing the commission to comply with the Electoral Act 2010 and the 1999 Constitution by relying only on the voters register and identifying voters with their voter cards. 

Taiwo also asked the court to nullify Sections 7 (a/b), 8, 10, 12 and 13 of the INEC guidelines which stipulate the use of card readers to determine those who can vote.

The respondent wants the orders, when made, to subsist pending the hearing and determination of his originating summons.

Among the prayers in the originating summons is "a declaration that (in the light of a community reading of sections 77 (2), 117 (2), 132 (5) and 178 (5) of the 1999 Constitution, along with sections 9 (1), 46 (1)(b), 49, 52 (2) of the Electoral Act, 2011), the INEC guidelines which stipulate the use of electronic card readers for the purpose of determining the entitlement of persons (with voter's cards whose names are on the register of voters) to exercise their right to vote in the 2015 general elections, are unconstitutional, ultra vires, null, void and a recipe for creating confusion and political instability during or in the aftermath of the general elections."

In a supporting affidavit, the respondent said he believes that for an electronic equipment that has not been tried in "less important elections", it was a big risk to try it during the general elections as it could "cause disintegration of the country if badly handled..."

The PDP chieftain maintained that INEC's recent mock verification exercise "failed in more than 40 per cent of the areas captured for the exercise."

"The result of the exercise as reported by many observers shows that the machines are fraught with many challenges and errors ranging from short lifespan of the batteries and inability of the reader to recognise fingerprints of many registered voters even when the machine manages to confirm the voter's card to be genuine.

"I know that most parts of Nigeria are hinterland with very difficult terrain such that it will be impracticable to find any solution to faulty card readers on election day to enable eligible voters who reside in such places exercise their franchise," the plaintiff said. 

According to him, disenfranchising eligible voters could result in post-election violence as many would see it as a deliberate ploy to prevent them from voting. 

"I know that the powers entrusted on INEC to make regulations and guidelines for the conduct of elections are not without limitations and are made subject to the Constitution and the enabling law, which is the Electoral Act. 

"I know that the provision of the Electoral Law, which prohibits the use of electronic voting machine, is still extant. 

"I verily believe that if INEC is not restrained from using the card reader machines to authenticate the voter's card of persons who have been validly registered and have their names in the register of voters, many eligible Nigerians will be denied the right to exercise their franchise in the forthcoming general elections," Taiwo said. 

The suit, which was filed on Wednesday, is yet to be assigned to a judge.