Court Orders INEC To Let People Use Temporary Voter’s Card For Upcoming Polls

Justice Obiora Egwuatu of a Federal High Court ordered the Independent National Electoral Commission (INEC) to allow people to use Temporary Voter Cards (TVCs) in the upcoming governorship and state houses of assembly elections.

The governorship and state houses of assembly elections are set to take place on March 18.

"An order is made compelling the defendant (INEC) to allow the plaintiffs to vote using their Temporary Voter Cards issued by the defendant, the plaintiffs having been duly captured in the National Register of Voter's database," Justice Egwuatu said Thursday, as per Premium Times.

The judge further shared the guidelines with INEC, explaining that "the plaintiffs, having fulfilled all necessary legal requirements to register and having consequently been captured in the defendant's (INEC's) central database and manual, printed paper-based record or hard copy format of the defendant's maintained Register of Voters, the plaintiffs are entitled to vote using their Temporary Voter Cards in the forthcoming 2023 General Election."

Justice Egwuatu further pointed out that he won't be able to accept the request of allowing every eligible voter with a TVC to vote as the suit was not "brought in a representative capacity."

"I find myself unable to grant any relief pursuant to prayer three of the plaintiffs' application," the judge said.

The court also held that there was no law, including the 1999 Constitution and the Electoral Act, stating only Permanent Voting Cards (PVCs) can be used for voting in the elections.

Following the judgment, Victor Opatola, the counsel to the plaintiffs, said Justice Egwuatu's decision is a victory for all Nigerians who were unable to register themselves to vote during elections and couldn't receive their PVCs.

Responding to the judgment, the INEC said it will appeal the court verdict. "The Commission is taking immediate steps to appeal against the judgment of the trial court," Rotimi Oyekanmi, spokesperson for the INEC chairman, said, as per Punch.

Prior to the verdict, INEC had repeatedly said only those with PVCs will be allowed to vote in the 2023 presidential polls as well as governorship and state houses of assembly elections.

Presidential elections were held on Feb. 25. While the upcoming elections were supposed to be held on March 11, they got postponed by a week.

People's Democratic Party (PDP) candidate Atiku Abubakar and Labour Party (LP) candidate Peter Gregory Obi had rejected the outcome of the presidential election in which All Progressives Congress (APC) candidate Bola Tinubu won with 8,794,726 votes. After the results were announced, PDP and LP said they will fight a legal battle over the presidential election result.

The suit was filed after INEC refused to accept Temporary Voter Cards (TVCs) during presidential elections. INEC is responsible for overseeing elections held in the country and it was formed by former Nigerian President Abdulsalami Abubakar in 1998.