INEC faults judgment permitting Temporary Voter Card for voting

The Independent National Electoral Commission (INEC) announced on Thursday night that it will appeal a court judgment ordering it to allow two Nigerians with Temporary Voter Cards (TVCs) to vote in the March 18, 2023 governorship and House of Assembly elections. INEC spokesperson Rotimi Oyekanmi told the media that the commission had been served with a copy of the Federal High Court, Abuja Division’s decision and was taking immediate steps to file an appeal.

The Federal High Court, presided over by Justice Obiora Egwuatu, issued the order after hearing a suit filed by Kofoworola Olusegun and Wilson Allwell. The plaintiffs argued that INEC had failed to issue them Permanent Voter Cards (PVCs) before the registration process closed, despite being duly registered and captured in the INEC database. Justice Egwuatu ruled that there is no provision in the 1999 Constitution or the Electoral Act that restricts voting to PVCs only. Consequently, the court compelled INEC to permit the plaintiffs to vote using their TVCs and declared that, having satisfied all legal registration requirements and being recorded in the central voter register, they are entitled to vote in the upcoming elections.

However, the judge declined the plaintiffs’ third request to extend the order to all eligible voters who were unable to replace their TVCs with PVCs. He explained that the suit was not brought in a representative capacity, and therefore he could not grant relief on that broader basis.

Counsel for the plaintiffs, Victor Opatola, hailed the judgment as a victory for all Nigerians who have been properly registered but could not obtain PVCs in time through no fault of their own. He argued that because the TVC contains the same information as the PVC, differing only in the plastic material, the principle of equity should apply to all similarly situated voters.

The News Agency of Nigeria (NAN) reported that the judgment is now binding on INEC and enforceable unless overturned on appeal. INEC has consistently maintained that only voters with PVCs may cast ballots in the 2023 presidential, governorship, and parliamentary elections. The plaintiffs’ case, filed as FHC/ABJ/CS/180/2023, challenged this position, asking the court to determine whether a person whose name appears in INEC’s electronic and hard‑copy registers and who has been assigned a Voter Identification Number can be disenfranchised due to the commission’s alleged inaction or omission.