by crossriverwatch admin
The Congress for Democratic Change, CPC, has instituted a legal action in the Federal High Court seeking to bar the Independent Electoral Commission, INEC, from handing over the Voters’ Register to the Cross River State Independent Electoral Commission from the conduct of the Council election scheduled for September 21, 2013 without first carrying out a comprehensive review of the register in compliance with Section 10 of the 2006 Electoral Act.
Barrister Obono Obla of Trinity Chambers, Mabushi Abuja who is solicitor to the CPC who instituted the action based on a sworn Affidavit deposed by Emmanuel Obi, an Assistant Administrative officer with the Cross River State chapter of the party in Suit No FHC/CA/CS/71/2013 filed on Thursday 19th July 2013, queried both INEC and CROSIEC to determine if it is lawful for INEC, the first Defendant, which is vested with the responsibility for the preparation of the national voters’ register to handover same or give custody of the register to CROSIEC the 2nd Defendant in the suit, to organise the local government election in Cross River State on the scheduled September 21 without a revision of the Voters’ Register as it concerns the state.
CPC also raises the issue of CROSIEC’s legality to proceed with the conduct of the election in Cross River State on the said date without an update of the register by INEC which is obligated to do so and maintain and update on a continuous basis, a national voters register which shall contain the names of all persons entitled to vote in any national, state or local election.
The party also wants the court to determine whether it is lawful for both INEC and CROSIEC to use the register which was last reviewed in 2011, for the purpose of local council elections in Cross River State in 2013 without an update to include those who may have attained the age of 18 years or died or changed residence.
According to the CPC, upon determination of those questions, it is praying the Court to declare that by true interpretation of Section 10, subsection 1 of the Electoral Act 2006 it is not lawful for INEC to handover the voters register to CROSIEC for the purpose of conducting local government election without a review of the voters register.
Without a fufilment of this, the party seeks for perpetual injunction stopping the INEC or its agents, servants, cohorts from handing over the voters register for Cross River State to CROSIEC for the purpose of conducting local council elections.
In the same vein the party seeks an injunction to stop CROSIEC or its agents or servants from using the voters register last updated in 2011 in the scheduled council election in September 2013 without first being reviewed by INEC.
The party also seeks 5 million Naira damages from the defendants.
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