Justice Obiorah Egwuatu of the Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to immediately recognise the Chief Edozie Njoku led National Executive Committee of the National Rescue Movement (NRM) that emerged from the party emergency national convention held in Abuja, on January 17.
The emergency national convention was held to fill vacant positions in the party’s National Executive Committee.
The party hierarchy stated the convention became imperative to address what it called “lopsidedness in its composition” in order to accord a national outlook and spread to the party.
After the emergency national convention, Chief Edozie Njoku, emerged as NRM’s National Chairman.
Since the convention was held, INEC refused to accept the outcome of the convention on the grounds that it did not monitor the exercise, a position Justice Obiora Egwuatu faulted in his judgment
Justice Egwuatu held that there was evidence that NRM served on INEC a valid notice of its emergency national convention and that it was wrong for the electoral body to have refused to monitor the exercise as the law mandates it to do.
The judge further held that the notice from the NRM, not being short of the required 21 days, INEC had no reason not to have monitored the emergency convention.
The judge said he was convinced that the NRM effectively made out a case to warrant the grant of the reliefs sought.
Justice Egwuatu declared that, pursuant to the provisions of Sections 82(1)} and 83 (1) of the Electoral Act, 2022, the respondent is under a constitutional obligation to accept and monitor the emergency convention of the applicant (NRM) to fill vacancy and correct lopsidedness in its National Executive Committee (NEC).
He also declared that the failure of the respondent (INEC) to accept and monitor the emergency convention of the applicant to fill vacancy and correct lopsidedness in its NEC amounted to a refusal/failure to discharge its constitutional and/or public duty contrary to the provisions of Sections 82(1) and 83 (1) of the Electoral Act, 2022 and therefore unconstitutional and unlawful.
The judge proceeded to issue and order of mandamus compelling INEC “to accept and monitor the emergency convention of the applicant to fill vacancy and correct lopsidedness in its NEC and recognize the decision or outcome of the convention.”
