The Federal High Court in Abuja has mandated the Independent National Electoral Commission (INEC) to identify, within 90 days, officials involved in the registration of underage voters. In a judgment, Justice Obiora Egwuatu directed the prosecution of the identified culprits by the appropriate law enforcement agency.
Furthermore, the court issued a mandatory order requiring INEC to promptly remove from its national voter register the names of underage voters identified by the plaintiff. The plaintiff, Rev. Mike Agbon, filed the lawsuit against INEC, questioning the constitutionality and legality of registering infants and toddlers during the Continuous Voter Registration (CVR) process.
Justice Egwuatu also ordered INEC to provide the plaintiff with a certified true copy of the cleaned-up national voters’ register within 90 days or publish it on the commission’s website. The court responded positively to six questions posed by the plaintiff, including whether INEC is constitutionally obligated to conduct credible CVR and if registering underage voters violates the Electoral Act.
Agbon had alleged that INEC, during the CVR for the 2023 general elections, registered underage voters, which contravened electoral laws. He sought a mandatory order for INEC to identify and hand over officials involved in the registration of underage voters for investigation and prosecution.
The court highlighted the constitutional requirements for voter registration, emphasizing that individuals must be citizens, residents, and at least 18 years old. Justice Egwuatu noted that the registered underage voters had not met these criteria, concluding that INEC officials had failed in their duties.
Despite being served with court processes and notices, INEC neither appeared in court nor filed any defense. The court’s judgment, delivered on November 28, cited Section 120(1) of the Electoral Act, 2022, stating that any officer acting in breach of official duty would be liable to a maximum fine of N500,000, imprisonment for 12 months, or both upon conviction.
