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Originating Summons 1
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0% found this document useful (0 votes)
5K views3 pagesOriginating Summons 1
Originating Summons 1
Uploaded by
Sahara ReportersCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE OWERRI JUDICIAL DIVISION
HOLDEN AT OWERRI
SUIT NO:
BETWEEN
NWANKWERE MORALE CHINWEN * = “ PLAINTIFF
AND
1 INDEPENDENT NATIONAL ELECTORAL COMMISSION DEFENDANTS
a:
LET:
PROF. MAHMOOD YAKUBU
ORIGINATING SUMMONS
INDEPENDENT NATIONAL ELECTORAL COMMISSION,
INEC State Office,
Port-Harcourt Road,
Owerri,
Imo State
PROF. MAHMOOD YAKUBU,
C/O INDEPENDENT NATIONAL ELECTORAL COMMISSION,
INEC State Office, ~~
Port-Harcourt Road,
Owerri,
Imo State
Within thirty-one (31) days after the service of this Summons on them inelusive of the day of
such service cause appearance to be entered for them to this Summons which is issued upon
the Application of the Plaintiff whose address within jurisdiction is c/o J.0. Abazie Esq of
Pimogbuji Chambers of 134 Wetheral Road, Gwersi, Imo State and who has applied for the
determination of the following questions:
te
Whether upon the construction of the totality of the Constitution of the Federal Republic
of Nigeria, 1999 (as Amended) and the Electoral Act, 2022, it is not unconstitutional,
illegal and unlawful for the Defendants to use or deploy the Bimodal Voter
Accreditation System (BVAS) or any other similar device, equipment, instrument or
gadget of such or same nature for the accreditation of registeted voters in the 2023
General Elections.
1[Page WHEREFORE THE PLAI
ii.
iii,
iv.
Whether in view of the combined effect of Sections 50(2), 60 and 62 of the Electoral
Act, 2022, it is not illegal and unlawful for the Defendants to electronically transmit,
feed or collate the results of elections at the 2023 General Elections?
Whether in view of the unassailable fact of unavailability and inaccessibility of
telecommunication network coverage across substantial part of Nigeria, it is not
untenable, unreasonable and utterly impracticable for the Defendants to use or deploy
the Bimodal Voter Accreditation System (BVAS) or any other similar devise,
equipment, instrument, device or gadget of such or same nature, for the accreditation of
registered voters in the 2023 General Elections.
(TIFF SEEKS THE FOLLOWING RELIEFS:
A DECLARATION that it is unconstitutional, illegal and unlawful for the Defendants to
use or deploy the Bimodal Voter Accreditation System (BVAS) or any other similar
device, equipment, instrument or gadget of such or same nature for the accreditation of
registered voters in the 2023 General Elections.
‘A DECLARATION that it is illegal and unlawful for the Defendants to electronically
transmit, feed or collate the results of elections at the 2023 General Elections.
A DECLARATION that in view of the unassailable fact of unavailability and
inaccessibility of telecommunication network coverage across substantial part of Nigeria,
it is untenable, unreasonable and utterly impracticable for the Defendants to use or deploy
the Bimodal Voter Accreditation System (BVAS) of any other similar devise, equipment,
instrument, device or gadget of such or same nature, for the accreditation of registered
voters in the 2023 General Elections.
AN ORDER of injunction restraining the Defendants, whether by themselves, staff,
officers, privies or howsoever described from using or deploying the Bimodal Voter
‘Accreditation System (BVAS) ot any other similar device, equipment, instrument or
gadget of such or same nature for the accreditation of registered voters in the 2023
General Elections.
AN ORDER of injunction restraining the Defendants, whether by themselves, staff,
officers, privies or howsoever described from electronically transmitting, feeding or
collating the results of elections at the 2023 General Elections.
AND FOR SUCH FURTHER OR OTHER ORDERS as this Honourable Court may deem
fit to make in the circumstances,
2|Page Dated this 24" day of August, 2022.
} ABA! ESQ.
LB pei anlar Dimogbuji Chambers
ei 134 Wetheral Road,
Ae Owerri,
Ne Imo State.
09159708441
FOR SERVICE ON:
1. THE 18" DEFENDANT
INDEPENDENT NATIONAL ELECTORAL COMMISSION,
INEC State Office,
Port-Harcourt Road,
Owerri,
Imo State.
2. THE2“” DEFENDANT
PROF. MAHMOOD YAKUBU
C/O INDEPENDENT NATIONAL ELECTORAL COMMISSION,
INEC State Office,
Port-Harcourt Road,
Owerri,
Imo State.
3|Page