Federal High Court in Abuja on Monday rejected an application for an order stopping the Independent National Electoral Commission from using the electronic card readers in the forthcoming general elections.

The application filed as ex parte was filed by four political parties – the United Democratic Party, Action Alliance, Allied Congress Party of Nigeria and Alliance for Democracy.

A similar suit challenging the exclusive use of the Permanent Voter Card and the card reader is pending before Justice Abdulkadir Abdul-kafarati of the Federal High Court in Abuja.

Justice Adeniyi Ademola, in his ruling on Monday on the application filed on behalf of the political parties by four Senior Advocates of Nigeria, held that INEC deserved to be heard before making a pronouncement on their prayers.

He noted that the political parties had shown that they had legal rights to institute the action and that the case was one that could be litigated on, but he insisted that he could not grant the interim orders sought by the applicants without first hearing INEC.

‎But the court ordered INEC to file its defence within four days of receiving the court papers.

It fixed hearing of the substantive suit for March 10.

The application was argued on behalf of the plaintiffs on Monday by Dr. Alex Izinyon (SAN), who led two other SANs – Bolaji Ayorinde, Ikechukwu Ezechukwu and Adekunle Oyesanya – in filing the main suit.

The plaintiffs had argued on Monday that the use of the electronic card reader was contrary to the provisions of the Constitution as well as the Electoral Act 2010 as amended.

The plaintiffs are challenging the powers of the electoral body to introduce a process not specifically provided for in the statutes ahead of preparations for the the rescheduled polls.

He maintained that the proposed use of the electronic card readers is in breach of the provisions of section 52(1) of the Electoral Act which he argued prohibits electronic voting.

He said, “My lord, this is what brought us to this court. INEC wants Nigerian voters to subject themselves to electronic voters card reader, an electronic component which is expressly prohibited.

“Any thing to do with electronic magnetic capturing properties cannot be allowed in the conduct of the election.”

He urged the court to temporarily restrain the electoral body from “implementing, commencing or directing the use of the card reader machine for the forthcoming election, pending the determination of the suit.”

He further urged the court to bridge the time within which the electoral body would be allowed to file a response in view of the nature of the case which, according to him has a robust electoral jurisprudence.

He cited a decision of a Federal High Court in Ebonyi Division in 2003, when open secret ballot system was adopted by the state Independent Election Commission in the conduct of local government elections contrary to the provisions of the Electoral Act which prescribed an open ballot system.

He pointed out that the court went ahead to nullify that election and that “the heavens did not fall.”

He insisted that the the card reader could not be allowed to take the place of accreditation as prescribed by the Electoral Act.

The parties are among the 16 parties that supported the Peoples Democratic Party in objecting to the conduct of the elections as earlier scheduled. They also have adopted President Jonathan (the presidential candidate of the PDP as their candidate.

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The same way Jonathan will be disgraced if he dares to force Jega out. One can predict the out come of the ruling on March 10. This will eventually be dismissed in the court.

E Don happen

Very good...GEJ Don fail

Good news.

This is a victory for democracy.

This is a victory for free and fair election.

This is a victory against the cheats and riggers of election.

This is a victory for a better Nigeria.

Wrong headline.The suit was not dismissed rather the request for an ex-parte order was rejected.

Why is PDP using proxies to challenge the use of card readers? We already know they're opposed to it because it will render their rigging plan ineffective.
They should be bold enough to challenge this openely if they are not ashamed of themselves, and if they have no sinister motives for opposing the use of card readers.

I don't agree


We will go to street to protest

God bless the Judge and Devil punish the complainant.

Case don dismiss abi?

Soon jonathan would be dismiss


NEVER AGAIN to vote for U

"NEVER AGAIN",Jonathan will RIG elections

I laugh when they say jega is aiding apc, same jega that conducted an election, gej won in 2011. The guy is only 4 a free and fair election, that the reason 4 card reader, it is transparent and doesnt favour any party, they should let the man work

These lawyers are wasting their time. Inec has said it several times that use of the card readers is not for voting but for authentication of would be voters. Going by their reasoning inec should also have used hand to write the voter's register instead of using laptops and cams.

Victory for democracy!

amakaobiemeka:
I laugh when they say jega is aiding apc, same jega that conducted an election, gej won in 2011. The guy is only 4 a free and fair election, that the reason 4 card reader, it is transparent and doesnt favour any party, they should let the man work

I will play the devils advocate; some elections should not be free and fair! Some elections should be rigged especially when across the board frustrations pushes the warry masses into the waiting but dangerous hands of the extremists. Do you remember the elections in Palestine that brought Hamas to power? The people wanted Hamas out of frustrations with the slow pace of the palestinian independence movement. How is Hamas rule going today? Thousands killed in Gaza as Isreal retaliates disproportionately to any Hamas attack. . I bet many Palestinians would have prefered the PLA in the west bank with the benefit of hindsight..

Example number 2:
The Islamic brotherhood in Egypt. Very popular. Very much liked by the people. Yet, when the brotherhood party won the elections, the first thing they did was to attack the very democratic institutions that brought them to power because they considered them too liberal. Essentially , the very democratic valeus /organs that provided the radical party with the vehicle to access power became a haram that should be done away with.

In both examples, liberal democracies rocketed unhinged fanatics to the highest positions in the land. Thereby truncating democracy itself. We cant afford such here. APC with her j-a-n-j-a-w-e-e-d legacies should be managed. You cant tame a fanatic. It is in the natiolnal interest to weed national politics of radical fanatics masquereding as liberal change agents.

owobokiri:


I will play the devils advocate; some elections should not be free and fair! Some elections shhould be rigged especially when across the board frustrations pushes the aarry masses into the wIting but dangerous hands of the extremists. Do you remember the electionsi in Palestine that brought the Hamas to power? The people wNted Hamas out of frustrations with ths slow pace of the palestinian independence movement. How is Hamas rule going today? Thousands killed in Gaza as Isreal retaliates proportionately to any Hamas attack. . I bet many Palestinians would have prefered the PLA in the west with the benefit. Of hindsight..

Example number 2:
The Islamic brotherhood in Egypt. Very popular. Very much liked by the people. Yet, when the brotherhood party won the elections, the first they did was to attack the very democratic institutions that brought them to power because they considered them too liberal. Essentially , the very democratic valeus /organs ghat provided the radical party with the vehicle to access power became a haram that should be done away with.

In both examples, liberal democracy rocketed unhinged fanatics to the highest positions in the land. Thereby truncating democracy itself. We cant afford such here. APC with her supporter of APC legacy should be managed. You cant tame a fanatic. It is in the natiolnal interest to weed national politics of radical fanatics with

abia state needs card readers for their governorship election

asha80:
abia state needs card readers for their governorship election

Abia's case is different shea?!

I wonder how much PDP paid them to file such a useless case. Smh.

PaulJohn1:



Abia's case is different shea?!

the rigging machinery of the govt in power there is something else...they should not try to jettison card readers for the governorship election there

This Justice Ademola appears to be a sensible judge I think.

INEC deserves to be heard and his timing of the adjournment is also sensible to allow a final judgement before elections.

This is democracy at work. The court is doing it's job as an independent institution.

All those hailing justice Ademola Adeniyi today should remember to hail him when he correctly disqualifies Buhari according to the laws of the land!

tHaNk u JESUS.