Court rejects INEC's objection to suit seeking compensation over false election results
A High Court of the Federal Capital Territory (FCT) has dismissed the objection raised by the Independent National Electoral Commission (INEC) against a suit seeking compensation for harm allegedly caused
A High Court of the Federal Capital Territory (FCT) has dismissed the objection raised by the Independent National Electoral Commission (INEC) against a suit seeking compensation for harm allegedly caused by the commission's publication of alleged false and altered results during elections.
Justice Peter Kekemeke, in a ruling on Monday, held that Nigerians, including voters who participated in an election, have a legal right to hold the defendant (INEC) accountable by insisting their votes must count.
Justice Kekemeke further held that the judiciary could no longer sit back and watch helplessly under the guise of not wanting to rock the boat.
He added that as society progresses, accountability must be demanded from government and its agencies by the citizens.
Justice Kekemeke noted that the case of the claimant has nothing to do with the said sections as it was not challenging the election or return of a candidate but, seeking damages for the psychological pains, trauma and breach of trust in the defendant.
The judge said Section 257(1) of the Constitution empowers the court to hear and determine any civil proceedings where the legal right of a person is being breached as well as other criminal matters.
He added, "In the circumstances of this case, this court has the jurisdiction to adjudicate on the matter and I so rule."
Justice Kekemeke held that the claimant has the legal right to initiate the suit haven shown sufficient injuries or threats of injury suffered as a result of the conduct of INEC.
He said, "In the instant case, the claimant is a voter in the presidential election; he withstood all odds, rain, sunshine, and cast his vote. He waited for about 14 hours to do so", the judge held.
"He further waited to ensure that the votes of his polling unit were collated and entered into the Form EC8A, he snapped the same, and found out three days later that the result of the collation was different from what was on the defendant's website.
"In the circumstances of this case, the complaint of the voter is that the result of the election in his polling unit, as captured by the defendant, did not represent the outcome of the election."
The judge held that INEC has a duty to ensure that elections are free and fair, and that the results reflect the outcome of the election, adding that the claimant alleged that the defendant breached that duty.
He said, "The claimant has a legal right to hold the defendant accountable by insisting his vote must count ...Every Nigerian or voter has locus standi to challenge and hold the defendant accountable for the advancement of democracy and the sanctity of our electoral system.
"The Judiciary can no longer sit back and watch helplessly under the guise of not rocking the boat. Law is dynamic, society must progress and accountability must be demanded from agencies of government.
"It is my view and I so hold, that the claimant has locus standi to bring this action, the notice of objection therefore, fails, and it is dismissed," Justice Kekemeke said.
The ruling was on the suit filed by Dr Ephraim Obinna Okoye shortly after the 2023 general elections, claiming, among other things, that INEC uploaded different results on its Result Viewing (IReV) portal that did not match the results declared at his Finance Quarters polling unit in Wuye, Abuja.
Okoye is contending that the alleged action of INEC caused him serious pain and trauma, having taken his time out to vote, waited for hours for votes to be counted, collated and entered into the BVAS machine at the polling unit, only for a different result to be found in INEC's Irev server.
Among reliefs being sought in the suit marked CV/2910/2023, includes; a declaration that in the conduct and transmission of results from the polling units, the defendant owed the claimant a duty of care to ensure the results transmitted are the actual results from the polling unit.
"A declaration that the results for Finance Quarters 1, Wuye eventually uploaded on INEC Server by the defendant as the result of Presidential Elections held on the 25/02/2023 are not the actual results from the said unit.
"An order of this Honourable Court directing the defendant to delete from the server the false results published for the claimant's polling unit and a further order directing the defendant to publish the correct form EC8A for the Unit signed by Nkwuda Precious Chizoba dated 25/02/2023".
Claimant further demanded the sum of N50 million as damages for "distress inflicted on him by reason of falsification of the results from his polling unit and another N100 million as damages for his man hour wasted by INEC on February 25, 2023".
Besides filing his statement of defence on April 24, 2025, INEC, in addition, filed a Notice of Preliminary Objection, wherein he urged the court to dismiss the case of the claimant on grounds that the suit falls within the provisions of Sections 130(1) of the Electoral Act, 2022 and 285(1) of the Constitution, which forbids the court to entertain the suit.
In the preliminary objection filed by Tanimu Inuwa, SAN, INEC argued that the claimant lacked the necessary legal right to initiate the suit on the grounds that he was not a political party nor a candidate who participated in the 2023 general election.
The case has been adjourned till September 24, for continuation of the trial.
