For not complying with 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, a group of Nigerians led by Govindex Leadership, Empowerment and Development Foundation have sued the Independent National Electoral Commission (INEC).
Govindex in the suit filed before the Federal High Court Abuja by its solicitors, Ifeanyi Nrialike, on behalf of Ikechukwu Ezechukwu, SAN & Co., is demanding the criminal prosecution of INEC officials who compromised the integrity of the Saturday, February 25, 2023, presidential election.
The relief being sought according to documents made available to DAILY POST on Thursday is for the Independent National Electoral Commission to electronically transmit election results through its “Bimodal Voters Accreditation System (BVAS) or any other technology especially the Result Viewing Portal (IReV).”
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.”
Failure to transmit the results in compliance with the act that guides the conduct of elections, the group insisted, amounts to infraction for which INEC officials must be prosecuted.
Govindex Foundation, the first plaintiff, and six others are asking the INEC, the sole defendant to compile a list of its staff and ad-hoc who conducted the February 25, 2023, presidential and parliamentary elections for criminal prosecution.
The plaintiffs insisted that the electoral body deliberately carried out an infraction on the Constitution of Nigeria and the Electoral Act and it would amount to 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.