Two plaintiffs: Mr Chikwe Nkemnacho and Mr Kenneth Azubuike Nkemnacho, on behalf of Nigerians in the Diaspora, had filed a suit seeking to put a stop to the forthcoming general elections.
In the suit marked: FHC/ABJ/CS/2119/2022 dated Oct. 31 and filed Nov. 9 by their lawyer, Augustine Temfeh-Nkemnacho, the plaintiffs sued the Independent National Electoral Commission (INEC) and its chairman, Prof Mahmood Yakubu.
Also joined in the suit were President Muhammadu Buhari and the Federal Republic of Nigeria as 1st to 4th respondents respectively.
The plaintiffs prayed the court to declare that they should be validated to participate in the electoral process by being registered to vote in 2023 and in all elections wherever they were domiciled worldwide in line with Sections 13, 14, 42 and 17 of the 1999 Constitution.
The plaintiffs also prayed the court to halt INEC from proceeding further with the 2023 electioneering process until the commission’s voter register and bio-database were updated to accommodate them as registered voters.
However, A Federal High Court, Abuja, on Wednesday, dismissed the suit seeking to stop the forthcoming general elections
Justice Inyang Ekwo, in a judgment, held that the existing law in the country did not guarantee the right of Nigerians in the Diaspora to vote in any election, hence, the suit lacked merit.
Justice Ekwo said that where a right was not provided for in the constitution, there was no need to enforce law not provided for.
According to him, where there is no law on an issue, there is no issue of the question of law on it.
