A Federal High Court, Abuja, yesterday joined the All Progressives Congress, APC and the Peoples Democratic Party, PDP, as co-defendants in a suit instituted by a group, Society for Advancement and Protection of Public Rights.
The group had dragged the Independent National Electoral Commission, INEC and the Attorney-General of the Federation before the court, seeking an order restraining the electoral body from preventing every willing Nigerian who does not have the Permanent Voters Card from voting.
While the APC is pressing for the use of only PVCs, the PDP is agitating for the use of both PVCs and TVCs for the elections.
The plaintiff also wants the court to restrain INEC from using card reader or other programmable machines which may or have the effect of interfering with the constitutional right of any registered voter to vote at the 2015 general elections.
When the matter came up yesterday, APC, through its counsel, Lateef Fagbemi, SAN prayed the court for an order to be joined as a co-defendant in the suit.
The PDP, also through its counsel, I.A Adedipe, SAN, brought a motion for joinder in the suit.
Another group, Incorporated Trustees of Physical and Civil Rights Enlightenment Foundation, through its counsel, M.S. Ibrahim, also brought a motion for joinder.
The plaintiff did not oppose the applications.
After listening to all the applications, the trial judge, Justice Abdul Kafarati, granted the applications and adjourned till March 18 for mention.
APC and PDP had hinged their motions for joinder on grounds that their interests will be affected by the decision reached in the case as it will affect the chances of their candidates contesting in the elections.
The APC submitted that it had long started and has continued to sensitise its members and the general public on the modalities for the conduct of the coming elections and in particular on the use of Permanent Voters Card being distributed to prospective voters by INEC.
It further submitted that changing the information on the use of PVC now would adversely affect its position and preparations in the coming elections.
The PDP said its interest will be affected if it is not joined in the suit.
In the substantive suit, the group is asking for a declaration that INEC has no power to deprive or deny any Nigerian, who is eligible to vote by virtue of Sections 77(2) and 117(2) of the 1999 Constitution the chance to vote in any elections organised by INEC on the grounds of non possession of PVC or for any other reasons.
The plaintiff also wants the court to declare that the laws which prescribe the use of card reader machines for screening voters cards is ultra vires and the power of INEC, inconsistent with provisions of the constitution and therefore null and void.
The group however wants the court to give an order directing INEC to permit every willing Nigerian who has any voter’s card issued by INEC to vote at the 2015 general elections.
It also wants an order directing INEC to comply with Sections 77(2) and 117(2) of the 1999 Constitution as well as Section 10(4) and 12 of the Electoral Act by ensuring that every registered Nigerian voter, who is willing to vote, is not prevented by the use of any card reader from voting at the general elections.
It also wants the court to give an order directing that the current voters register be used for the 2015 general elections as the register existing, at least 60 days to the commencement of the 2015 general elections as notified by INEC, pursuant to Section 30(1) of the Electoral Act.
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