2023 Elections: Court Asked To Stop Electronic Transmission Of Results

The Owerri Division of a Federal High Court in Imo State, has been asked to stop the Independent National Electoral Commission (INEC) from accreditation of voters and transmission of the results of the 2023 general elections electronically.

The plaintiff, Nwankwere Morale Chinwen, in an Originating Summons in suit number FHC/OW/CS/144/2022, told the court to halt the deployment of the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument or gadget by the Independent National Electoral Commission (INEC) for the forthcoming elections.

Both INEC and its chairman, Prof. Mahmood Yakubu, were listed as 1st and 2nd Defendants, respectively in the suit.

The plaintiff, through his Counsel, J.O. Abazie Esq., raised the some questions for determination as follows: “Whether in view of the combined effect of Sections 50(2), 60 and 62 of the Electoral Act, 2022, it is not illegal and unlawful for the Defendants to electronically transmit, feed or collate the results of elections at the 2023 General Elections?

“Whether in view of the unassailable fact of unavailability and inaccessibility of telecommunication network coverage across substantial part of Nigeria, it is not untenable, unreasonable and utterly impracticable for the Defendants to use or deploy the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument, device or gadget of such or same nature, for the accreditation of registered voters in the 2023 General Elections?”

He also sought other reliefs from the court including a declaration that it is unconstitutional, illegal and unlawful for the Defendants to use or deploy the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument or gadget of such or same nature for the accreditation of registered voters in the 2023 General Elections, and a declaration that it is illegal and unlawful for the Defendants to electronically transmit, feed or collate the results of elections at the 2023 General Elections.

Also, a declaration that in view of the unassailable fact of unavailability and inaccessibility of telecommunication network coverage across substantial part of Nigeria, it is untenable, unreasonable and utterly impracticable for the Defendants to use or deploy the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument, device or gadget of such or same nature, for the accreditation of registered voters in the 2023 General Elections, and an order or injunction restraining the Defendants, whether by themselves, staff, officers, privies or howsoever described from using or deploying the Bimodal Voter Accreditation System (BVAS) or any other similar device, equipment, instrument or gadget of such or same nature tor the accreditation of registered voters in the 2023 General Elections.

Also, an order of injunction restraining the Defendants, whether by themselves, staff, officers, privies or howsoever described from electronically transmitting, feeding or collating the results of elections at the 2023 General Elections.