The Discover of Discontinuance signed by their lawyer, Mr. Mike Ozekhome SAN Friday, stated “Take discover that the plaintiffs doth hereby wholly discontinue this swimsuit in opposition to the defendant herein”.
The states had dragged the Federal Authorities earlier than the Supreme Courtroom over the conduct and subsequent collation and announcement of the Feb. 25 Presidential and Nationwide Meeting elections.
The plaintiffs within the originating summons marked: SC/CV/354/2023, are particularly asking for an order of the apex courtroom “directing a holistic overview of all outcomes to date introduced by the Federal Authorities of Nigeria by the Unbiased Nationwide Electoral Fee (INEC).
They alleged that the collation and announcement of the outcomes had been carried out aside from by the way prescribed by the provisions of the Electoral Act, 2022, the INEC Rules and Pointers for the Conduct of Elections, 2022; and the INEC Guide for Election Officers.
The swimsuit was filed by the Attorneys Basic of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo and Sokoto State.
The Lawyer Basic of the Federation is the only real respondent and was introduced pursuant to SECTIONS 6 (6) (a), 14 (2) (b), 153 (1) (F) AND 232 (1) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED);
2. SECTIONS 25 (1), (2) and three; SECTIONS 60 AND 66 OF THE ELECTORAL ACT, 2022.
They predicated their case on the grounds that the collation of the nationwide election outcomes from the 36 States of the Federation, and that of the Federal Capital Territory, for the stated 2023 elections haven’t been carried out in compliance with the obligatory provisions of related sections of the Electoral Act, 2022.
In keeping with the swimsuit, the brokers and officers of the federal authorities and INEC, did not transmit the collated consequence as prescribed by the provisions of the Electoral Act, 2022 and the INEC Rules and Pointers for the Conduct of Elections 2022.
They stated the fee failed to stick to the transmission of the outcomes by way of Bimodal Voter Accreditation System (BVAS) in flagrant breach of the related provisions of the Electoral Act, 2022; the INEC Rules and Pointers for the Conduct of Elections, 2022; and the INEC Guide for Election Officers, 2023.
It was their submission that the “non-compliance” with the due technique of legislation has led to a widespread agitation, violent protests, displeasure, and disapproval from a large spectrum of the Nigerian populace, together with Worldwide Observers, Political events, well-meaning Nigerians and former Head of States of the Federal Republic of Nigeria”.
They additional claimed that the widespread violent protests, demonstrations and rallies have endangered the peace, order, good governance, safety and security of the Plaintiffs.
In the meantime, plaintiffs argued that the federal authorities by INEC, “is empowered by legislation to appropriate the elections resulting from technical glitches and errors arising from the conduct of the elections.
“While queries had been being raised as to the failure or deliberate refusal of INEC to transmit the outcomes electronically, the INEC abruptly pulled down its portal harbouring the Rules and Pointers, thus leaving the Plaintiffs at the hours of darkness.
“Most Nigerians, together with the Governments and peoples of Adamawa, Akwa Ibom State, Bayelsa State, Delta State, Edo, and Sokoto state, are entitled to a correct and electoral lawful course of and process that ensures a free, truthful, clear and credible election.”
There is no such thing as a justifiable foundation for the continuing collation of outcomes with out compliance with the obligatory provisions of the legislation that mandatorily require the usage of BVAs, digital transmission to the IRev Portal.
They argued that except the courtroom intervenes, the governments and other people of Adamawa, Akwa Ibom, Bayelsa, Delta, Edo and Sokoto state, who’ve suffered and can proceed to endure irreparable hardship and harm of unquantifiable proportions.
They prayed a declaration that the whole outcomes of the presidential election carried out on Feb. 25, introduced by the Chairman of the INEC, on the Nationwide Collation Centre, Abuja, was in flagrant provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022.
In the meantime the plaintiffs introduced an software praying the apex courtroom for an order directing a departure from the principles of the apex courtroom within the curiosity of justice by directing for accelerated listening to of the substantive swimsuit.
Moreover, plaintiffs additionally filed one other software in search of for an order for abridging time for events to file and serve responses for and in opposition to the swimsuit.
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