By CHUKS EKE
A human rights lawyer, Dr. Jezie Ekejiuba has dragged the Independent National Electoral Commission, INEC to court seeking an order to postpone the governorship election from November 6 to February 15, 2022, over insecurity crisis.
In an originating summons, marked: Suit No. FHC/AWK/CS/103/2021 filed at the Federal High Court, Awka, the plaintiff, Ekejiuba, a legal practitioner based in Onitsha who is also the President of Voters Rights International, is asking the court to compel the defendant, INEC to forthwith postpone and or extend the time limited by the constitution to conduct the gubernatorial election in Anambra state.
Ekejiuba is praying the court to declare that in view of the provisions of Sections 33(1), 46(1), 178(1) (2) & (5) of the 1999 Constitution of Nigeria as amended, Article 4 of the African Charter on Human and Peoples Rights and Section 26 (1) of the Electoral Act, 2010 as amended and the undisputed emergencies of killings, murders and deaths of many citizens of Anambra State caused by insecurity crises in Anambra State the Defendant is under a legal duty to postpone and or extend the time limited by the constitution to conduct the Anambra State Governorship election earlier scheduled to be conducted on November 6, 2021 to February 15, 2022.
The plaintiff also prayed the court to declare that in view of the provisions of Sections 33(1), 46(1), 178(1) (2) & (5) of the 1999 Constitution of Nigeria as amended, Article 4 of the African Charter on Human and Peoples Rights and Section 26 (1) of the Electoral Act, 2010 as amended and the undisputed emergencies of killings, murders and deaths of many citizens of Anambra State caused by insecurity crises in Anambra State the conduct of any Anambra State Governorship election by the Defendant on November 6, 2021 is a violation and or threatened violation of the Plaintiff’s fundamental right to life as well as his constitutional right to freely vote at an election to the office of Governor of Anambra State.
He therefore sought an order of the court ab initio setting aside, nullifying and or voiding the result or outcome of any Anambra State Governorship election conducted on November 6, 2021 by the Defendant in violation and or threatened violation of the Plaintiff’s fundamental right to life as well as his constitutional right to freely vote at an election to the office of Governor of Anambra State .
He further sought an order of the court ab initio setting aside, nullifying and or voiding the election of any Governor-elect and or issuance of any Certificate of Return to any Governor- elect that emerged in the said November 6, 2021 poll by the Defendant in violation and or threatened violation of the Plaintiff’s fundamental right to life as well as his constitutional right to freely vote at an election to the office of Governor of Anambra State.
An order of perpetual injunction restraining the Defendant either by itself or through its servants, lawful agents, officers, privies or assigns from violating or further violating and or threatening to violate the Plaintiff’s fundamental right to life as well as his constitutional right to freely vote at an election to the office of Governor of Anambra State by its acts of conducting the said November 6, 2021 poll under a heavily militarized security zone or cordon as a result of insecurity crisis in Anambra State without the participation of the plaintiff and majority of over 2,525,471 registered voters in Anambra State who are eligible to vote in the said election.
Payment forthwith of N1,000,000.00 (One Million Naira) by the Defendant to the Plaintiff as compensation and general damages for violating or threatened violation of the Plaintiff’s fundamental right to life and constitutional right to freely vote at an election to the office of Governor of Anambra State.
Meantime, the plaintiff has filed an order of interlocutory injunction restraining the defendant, INEC either by itself or through its servants, lawful agents, officers, privies or assigns from issuing a Certificate of Return to any Governor-elect or recognizing him as the winner of the November 6, 2021 Anambra State Governorship election planned to be conducted by the Defendant under a heavily militarized security zone or cordon as a result of insecurity crisis in the State in violation or threatened violation of the Plaintiff’s fundamental right to life as well as his constitutional right to freely vote at an election to the office of Governor of Anambra State, pending the hearing and determination of the substantive suit.
