Every voter has right to challenge INEC’s election results, Court rules

A Federal Capital Territory (FCT) High Court in Maitama has affirmed that every voter retains the right to challenge the results transmitted by the Independent National Electoral Commission (INEC) during the 2023 presidential election.

Delivering a ruling on a preliminary objection filed by INEC, Peter Kekemeke, the presiding judge, held that the court had jurisdiction to hear the suit. The case, marked CV/2910/2023, was brought by Ephraim Okoye, an eligible voter who contested the election results in his polling unit.

In his suit, Okoye, through his counsel James Onyemaechi, argues that INEC failed to conduct and transmit the original results from his polling unit, as required by the commission’s own guidelines. Okoye had attempted to resolve the issue with INEC before filing the suit, but said his efforts were unsuccessful.

Okoye is seeking a declaration that INEC failed to transmit the correct result from his polling unit and that the results recorded for Finance Quarters 1, Wuye, Abuja, in the February 25, 2023, presidential election were inaccurate. He also requested that the court order INEC to delete the false results from its server and publish the correct form EC8A for the polling unit, signed by Nkwuda Precious Chizoba on that date.

In addition, Okoye is demanding N50 million in damages for the distress caused by the alleged falsification of results, as well as a public apology from INEC in two national dailies.

INEC had challenged the court’s jurisdiction to hear the matter, arguing that Okoye lacked standing to file the suit. However, Judge Kekemeke dismissed the objection, affirming that INEC had a duty to ensure that elections were free, fair, and reflective of the will of the people.

The judge also ruled that Okoye had demonstrated sufficient interest in the matter and had the right to seek accountability. “The claimant has a legal right to hold the defendant accountable by insisting his vote must count,” Kekemeke stated.

He emphasised that Okoye’s actions, including his efforts to ensure the collation of results at the polling unit despite difficult conditions, showed his commitment to the electoral process. “Unlike other voters, he voted and waited for collation, endured sun, rain, and even rented a canopy to ensure accountability,” the judge noted.

Kekemeke further stated that every Nigerian voter has the standing to challenge INEC in order to safeguard democracy and the integrity of the electoral system. “Every Nigerian or voter has locus standi to challenge and hold the defendant accountable for the advancement of democracy and the sanctity of our electoral system,” he said.

The judge concluded that the objection filed by INEC was without merit and dismissed it.