A Federal High Court in Abuja has granted an order of stay
of proceedings in a suit challenging the plan by the Independent
National Electoral Commission (INEC) to use the electronic card reader
machine in Nigeria’s forthcoming general elections.
The trail judge, Justice Adeniyi Ademola, said the order of stay of
proceedings is to subsist pending the determination of an appeal by the
All Progressives Congress (APC) and some other defendants challenging a
March 13 ruling of the court.
The APC had appealed against the decision of Justice Ademola abridging the time within which parties are to respond to the suit.
Apart from the APC, other respondents in the suit are the Civil
Empowerment and Rule of Law Support Initiative and the Fiscal and Civil
Rights Enlightenment Foundation.
Justice Ademola held that it was appropriate to grant the order of
stay of proceedings since the APC, through its counsel, Mr Lateef
Fagbemi, had shown proof that it had filed its appeal and application
for stay of proceedings before the Court of Appeal in Abuja.
A Federal High Court in Abuja had on March 2 refused an application brought by four registered political parties, seeking to restrain the electoral commission from using the Smart Card Reader in the conduct of the general elections.
The United Democratic Party, Action Alliance, Allied Congress Party of Nigeria and Alliance for Democracy filed the suit.
The parties, through their counsel Alex Iziyon, told the court that
the proposed use of the card reader was contrary to the provisions of
the constitution, as well as the amended 2010 Electoral Act.
In the suit, the political parties challenged the powers of the
Independent National Electoral Commission (INEC) to introduce a process
not specifically provided for in the constitution, as it prepares for
the rescheduled polls.
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