Independent National Electoral Commission, INEC, has approached the Court of Appeal in Abuja to set aside the judgement that ordered it to allow electorate with Temporary Voter Cards, TVC, for the governorship and National Assembly elections billed for Saturday, March 18.
In the legal process it filed through a team of lawyers led by Mr. Taminu Inuwa (SAN), the electoral body applied for “an order of injunction against execution of the judgement delivered 9 March 2023, directing the applicant to allow the plaintiffs/respondents to use the Temporary Voter Cards, TVCs, in lieu of the Permanent Voter Cards, PVC, for the 2023 general elections,” pending the determination of its appeal.
INEC, in its three grounds of appeal, maintained that the Federal High Court in Abuja erred in its judgement, when it dismissed its position that allowing use of the TVC would amount to usurpation of the powers of the National Assembly under Item II of the concurrent legislative list.
It faulted the trial court for declaring that PVC was not mentioned in the Constitution or the Electoral Act as a condition to be allowed to vote or as the only means a voter would be entitled to be verified, accredited and to vote.
According to INEC, “by combined provision of Section 47 (1) & (2) of the Electoral Act 2022 and Paragraph 5(IV) of INEC Regulations & Guidelines for the conduct of elections 2022, a person is eligible to vote at an election conducted by the Commission, if he or she presents a valid PVC at the polling unit in which he is registered as a voter.”
It further argued that by virtue of section 18(3) of the Electoral Act 2022, “the intendment of the lawmakers is clear for the effect that a PVC is the only valid instrument for voter accreditation at polling unit with the use of BVAS machine in election.
“The whole essence of the Manual & Guidelines was defeated by the decision of the trial court when it embarked on judicial legislation and jettisoned the relevance and import of the said Manual & Guidelines which prescribed in detail, accreditation and voting procedure with the exclusive use of PVCs,” INEC added.
