An FCT High Court has ruled that voters have the right to challenge INEC election results, dismissing a jurisdictional objection by the commission
A Federal Capital Territory High Court sitting in Maitama has ruled that every voter has the legal right to challenge election results transmitted by the Independent National Electoral Commission (INEC), in a case arising from the 2023 presidential election.
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Justice Peter Kekemeke delivered the ruling while dismissing a preliminary objection filed by INEC in suit number CV/2910/2023, instituted by voter Ephraim Okoye.
The court held that it had jurisdiction to hear the matter and affirmed that the claimant had sufficient legal standing to pursue the case.
Ephraim Okoye had approached the court through counsel James Onyemaechi, alleging that INEC failed to transmit the correct results from his polling unit during the February 25, 2023 presidential election.
He argued that the commission did not comply with its own guidelines in the transmission and collation of results from Finance Quarters 1, Wuye, Abuja, and sought judicial intervention to correct the alleged discrepancies.
The claimant is requesting a declaration that the results recorded for his polling unit were inaccurate, alongside an order directing INEC to delete the disputed figures from its server and publish the original Form EC8A.
Okoye is also seeking ₦50 million in damages for alleged distress and a public apology from INEC in two national newspapers.
INEC had challenged the suit, arguing that the claimant lacked the legal right to institute the action.
However, Justice Kekemeke rejected the objection, stating that voters have a legitimate interest in ensuring electoral transparency.
The judge held that Okoye demonstrated sufficient involvement in the electoral process and was entitled to seek accountability over the conduct of the election.
Justice Kekemeke noted that the claimant actively participated in monitoring the collation process at his polling unit, describing his actions as evidence of civic responsibility.
He further ruled that every Nigerian voter has the standing to challenge electoral outcomes in defence of democratic integrity and transparency.
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With the objection dismissed, the case is expected to proceed to substantive hearing at a later date.
