The Independent National Electoral Commission (INEC) is being sued by a group of Nigerians under the direction of Govindex Leadership, Empowerment and Development Foundation for failing to uphold Section 160(1) of the 1999
Constitution of the Federal Republic of Nigeria as amended and Sections 60(5) and 148 of the Electoral Act 2022.They are seeking prosecution of those who flouted the Electoral Act by not “uploading the results immediately and in real-time after completion of the polling units voting.”
Govindex is requesting that INEC officials who undermined the integrity of the presidential election on Saturday, February 25, 2023, be criminally prosecuted in the lawsuit that it filed before the Federal High Court of Abuja on behalf of Ikechukwu Ezechukwu, SAN & Co.
The Independent National Electoral Commission is requesting relief by allowing it to electronically submit election results through either its "Bimodal Voters Accreditation System (BVAS) or any other technology especially the Result Viewing Portal (IReV).”
They want individuals who disregarded the Election Act by failing to "upload the results quickly and in real-time after the completion of the polling units voting" prosecuted.
The group argued that INEC officials must face criminal charges for failing to submit the results in accordance with the law governing the conduct of elections.
The INEC, the lone defendant, is being asked by Govindex Foundation, the first plaintiff, and six other parties to compile a list of all of its employees and ad hoc personnel who participated in the presidential and parliamentary elections on February 25, 2023, in order to face criminal charges.
The plaintiffs insisted that the electoral body had intentionally violated both the Nigerian Constitution and the Electoral Act, which would constitute a disregard for the rule of law if the erring INEC officials were not brought to justice.
Though the date for the hearing of the suit has not been fixed, the group in the originating summon urged the court to direct the office of the Inspector General of Police to investigate the officials within 14 days.
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