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Judge Michael Egwuatu of the Federal High Court Abuja granted an order made by the Labour Party (LP) and its governorship candidate in Akwa Ibom, Uduakobong Udoh, as well as 13 state’s House of Assembly candidates on March 18 elections.
The order directed the electoral umpire to direct all its presiding officers to comply with Clauses 37 and 38 of its regulations and guidelines for the conduct of the election in Akwa Ibom.
The applicants’ legal counsel Moses Usoh-Abia applied the originating summons marked: FHC/ABJ/CS/334/2023ex parte on behalf of LP, asking for seven reliefs including ordering INEC to use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy design EC8A to INEC Result Viewing Portal (IReV), compelling INEC to engage services of independent and reliable logistic companies who are non-partisans or known supporters of any political for distribution of electoral materials and personnel.
Although the summon was served on INEC, it filed a counter affidavit objecting that suit was incompetent.
Justice Egwuatu held that since INEC averred it was aware of its responsibilities under the law and had not failed to carry them out, granting prayers sought would energise performance rather than harm it.
The court ordered mandamus compelling INEC to enforce observance and compliance of section 27(1) Electoral Act 2022 in distribution of electoral material during polls by engaging independent competent & reliable logistic companies who are non-partisan or known supporters.
Meanwhile, other reliefs were refused by the court.
