By Chuks Eke
The Administrative Judge of the Federal High, Awka Judicial Division in Anambra state, Justice Evelyn Anyadike has fixed Monday, June 8, this year for hearing of a suit filed by a chieftain of African Democratic Congress, ADC and human rights lawyer, Dr. Jezie Ekejiuba against the Attorney General of the Federation, AGF and the Independent National Electoral Commission, INEC.
Ekejiuba also the President of Nigerian Voters Organization, NVO had dragged the respondents, AGF and INEC to the court over the provision, allowing manual collation of election results in the Electoral Act 2026.
In Suit No. FHC/AWK/CS/102/ 2026, filed on March 31, supported by a 34-paragraph affidavit, three Exhibits and Written Address, the applicant is asking the court to nullify the proviso to Section 60 (3) of the Act, arguing it conflicts with the 1999 Constitution as amended.
He is also seeking a judicial interpretation of Sections 4 (2), 78, 118 and Paragraph 15 (a) of the Third Schedule Part 1F of the Constitution, even as he contended that INEC alone has the constitutional power to decide how election results are transmitted and collated,especially in emergency situations.
He therefore asked the court to declare the proviso illegal,unconstitutional,null and void, with an order striking it down and a perpetual injunction restraining the AGF and INEC from applying or enforcing it in any election.
According to the suit, the proviso states that if electronic transmission fails due to communication issues, Form EC8A shall remain the primary source for collation and declaration of results.
Ekejiuba argued that this will create a speculative law capable of usurping INEC’s constitutional powers and opens the door to manual manipulation of results.
He insisted that the principal provision of Section 60 (3) already mandates compulsory electronic transmission of polling units results to the INEC Results Viewing, IReV portal, adding that Section 24 (2) of the Act provides for postponement of elections in emergency situations, making the proviso unnecessary.
Ekejiuba cites several Supreme Court and Court of Appeal decisions to argue that any Nigerian can approach the court to protect the constitution from being violatied, saying that his rights as a registered voter and ADC member gives him sufficient interest in the conduct of free and fair elections.
