ONITSHA -- The Administrative Judge of the Federal High Court, Awka Judicial Division, Anambra State, Justice Evelyn Anyadike, has fixed June 8, 2026, for hearing in a suit instituted by a chieftain of the 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, who is also President of the Nigerian Voters Organisation, NVO, is challenging provisions of the Electoral Act 2026 which permit manual collation of election results under certain circumstances.
In the suit marked FHC/AWK/CS/102/2026, filed on March 31 and supported by a 34-paragraph affidavit, three exhibits and a written address, the applicant is urging the court to nullify the proviso to Section 60(3) of the Electoral Act, contending that it is inconsistent with the provisions of the 1999 Constitution, as amended.
The plaintiff is also seeking judicial interpretation of Sections 4(2), 78, 118 and Paragraph 15(a) of the Third Schedule, Part 1F of the Constitution.
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Ekejiuba argued that INEC possesses the exclusive constitutional authority to determine the mode of transmission and collation of election results, particularly in emergency situations.
He is therefore asking the court to declare the proviso illegal, unconstitutional, null and void, and to issue an order striking it down.
The applicant is equally seeking a perpetual injunction restraining the AGF and INEC from enforcing or applying the provision in any election.
According to the suit, the proviso states that where electronic transmission fails due to communication challenges, Form EC8A shall remain the primary basis for collation and declaration of election results.
Ekejiuba maintained that the provision introduces speculative legislation capable of undermining INEC's constitutional powers and opening the door for manipulation through manual collation of results.
He further argued that the principal provision of Section 60(3) already mandates compulsory electronic transmission of polling unit results to the INEC Result Viewing, IReV, portal.
He added that Section 24(2) of the Electoral Act makes adequate provision for postponement of elections in emergency situations, rendering the disputed proviso unnecessary.
The ADC chieftain also cited several Supreme Court and Court of Appeal decisions in support of his position that any Nigerian has the legal standing to approach the court in defence of the Constitution.
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He contended that, as a registered voter and member of the ADC, he possesses sufficient interest in ensuring the conduct of free, fair and credible elections in the country.
