Federal High Court Declares INEC’s Voter Register Revision Timeline Unconstitutional, Orders Continuous Registration Until 90 Days Before Elections
Abuja — The Federal High Court sitting in Abuja has ruled that the Independent National Electoral Commission (INEC) acted contrary to the provisions of the Nigerian Constitution and the Electoral Act by fixing deadlines that prematurely ended Continuous Voter Registration (CVR) and voter register revisions ahead of the 2023 general elections.
The judgment was delivered by Justice B. F. M. Nyako on November 22, 2022, in Suit No. FHC/ABJ/CS/1252/2022, filed by Anaja Salmat, Haji Ernest N. Stanley, Chief Charles Gbagemi, and Mr. Samuel Oluwakemi against INEC.
The court considered whether the actions of INEC violated Sections 77(2), 116(3), 132(5), and 178(5) of the 1999 Constitution (as amended) alongside Sections 9(5), 10(6), 19, and 24(1) of the Electoral Act, 2022, which govern voter registration and publication of the voters’ register.
Plaintiffs’ Argument
The plaintiffs argued that:
The Constitution expressly provides that every citizen who qualifies to vote is entitled to be registered as a voter.
Continuous Voter Registration should remain open until 90 days before a general election.
INEC’s decision to terminate voter registration months before the constitutional deadline unlawfully disenfranchised millions of eligible Nigerians.
By ending voter registration and refusing further updates to the register, INEC denied many citizens their constitutional right to participate in the electoral process.
They asked the court to declare INEC’s actions unconstitutional and compel the electoral body to reopen voter registration.
INEC’s Defence
INEC maintained that:
The commission possesses constitutional powers to organise, supervise and regulate voter registration.
Administrative and logistical considerations informed its timetable.
The commission had complied substantially with the Electoral Act in preparing for the 2023 elections.
INEC therefore urged the court to dismiss the suit.
Court’s Findings
Justice Nyako held that the relevant constitutional and statutory provisions are clear and unambiguous.
According to the court:
Eligible Nigerian citizens possess a constitutional right to be registered as voters.
Continuous Voter Registration must remain available until 90 days before the date fixed for a general election.
INEC cannot, through administrative directives or election timetables, override constitutional guarantees.
Any eligible citizen who presents himself or herself for registration before the constitutional deadline is entitled to be registered.
The court observed that millions of Nigerians who attempted to register after INEC’s announced deadline but before the constitutional cut-off risked being unlawfully excluded from participating in the elections.
Orders of the Court
The Federal High Court consequently granted the plaintiffs’ reliefs and declared that:
INEC’s decision to stop Continuous Voter Registration before the constitutional deadline was unconstitutional.
The commission is obligated to continue voter registration and revision of the voters’ register until 90 days before any general election.
Eligible Nigerians presenting themselves for registration within the constitutional period must be registered.
Significance of the Judgment
The ruling reaffirmed that constitutional provisions supersede administrative guidelines issued by public institutions.
Legal analysts say the judgment reinforced the principle that electoral management bodies must strictly comply with constitutional timelines when implementing voter registration exercises and cannot abridge citizens’ voting rights through administrative decisions.
The case has remained one of the significant judicial pronouncements interpreting the constitutional guarantee of universal voter registration and the responsibilities of INEC in managing Nigeria’s electoral process.
ANAJA SALMAT & 3 ORS VS INDEPENDENCE NATIONAL ELECTORAL COMMISSION(INEC) -JUDGEMENT.pdf
