Gov election: Allow use of temporary voter cards, court orders INEC

The Federal High Court in Abuja ordered the Independent National Electoral Commission (INEC) to permit the use of Temporary Voter Cards (TVCs) in the upcoming governorship and state houses of assembly elections scheduled for March 18. The ruling followed a suit filed on February 8 by two aggrieved Nigerians, Kofoworola Olusegun and Wilson Allwell (case number FHC/ABJ/CS/180/2023), who sought to use TVCs in the general elections because they had not received Permanent Voter Cards (PVCs).

The plaintiffs asked the court to determine whether a person whose name appears in INEC’s electronic database, as well as in the manual, printed paper‑based register, and who has been assigned a Voter Identification Number, is entitled to be accredited to vote with a TVC. They further requested a declaration that, having fulfilled all legal requirements for registration and being captured in INEC’s records, they were entitled to vote using their TVCs in the 2023 general election. The suit also sought relief for all voters in a similar situation.

Justice Egwuatu held that neither the 1999 Constitution nor the Electoral Act restricts voting to PVCs; Section 47 of the Act merely provides for a voter’s card. Since the plaintiffs were duly registered and captured in INEC’s database, the court ordered INEC to allow them to vote with their TVCs. The judgment affirmed that the plaintiffs had satisfied all legal requirements for registration and were therefore entitled to vote with their TVCs in the forthcoming election.

However, the court did not grant the third prayer, which sought a blanket order allowing every eligible voter with a TVC to vote. Justice Egwuatu explained that the suit was not filed in a representative capacity, and therefore he could not extend the relief to all similarly situated Nigerians.

Counsel for the plaintiffs, Victor Opatola, hailed the judgment as a victory for Nigerians who have been properly registered but could not obtain PVCs in time. He argued that, under the law of equity, the same treatment afforded to his clients—allowing them to vote with TVCs—should apply to all voters who have fulfilled the necessary requirements. Opatola also noted that the content of a TVC is identical to that of a PVC, the only difference being the plastic material used for the PVC.