The Federal High Court in Abuja on Wednesday, ordered the Independent National Electoral Commission (INEC) to recognise the leadership of the National Rescue Movement (NRM) that emerged from the recent party’s emergency national convention.
Justice Obiora Egwuatu, in the judgment, held that there was evidence that NRM served on INEC a valid notice of its emergency national convention.
Justice Egwuatu, who agreed with the argument of the party’s lawyer, Oladimeji Ekemba, also held that it was wrong for the electoral umpire to have refused to monitor the exercise as the law mandated it to do.
The News Agency of Nigeria (NAN) reports that the NRM had, on Jan. 17, held its emergency national convention where Chief Edozie Njoku was elected as its national chairman.
The convention, according to the party, was conducted to fill vacant positions in the party’s National Executive Committee (NEC) and correct lopsidedness in its composition.
However, since the convention was held, INEC had refused to accept the outcome of the convention on the grounds that it did not monitor the exercise.
Delivering the judgement, Justice Egwuatu faulted INEC’s argument in the suit marked: FHC/ABJ/CS/45/2025 filed by the NRM, with INEC as sole respondent.
The judge further held that the notice from the NRM, having not been short of the required 21 days, INEC had no reason not to have monitor the emergency convention.
He said he was convinced that the NRM effectively made out a case to warrant the grant of the reliefs sought.
The judge 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 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, therefore, proceeded to issue an 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 recognise the decision or outcome of the convention.”
Earlier, Justice Egwuatu, in a ruling on a motion on notice filed by some aggrieved members of NRM who sought to be joined in the matter, dismissed their objection for being baseless.
The judge said that the leadership tussle of the party had already been settled in a judgment by Justice James Omotosho of a sister court on April 18, 2024.
He said the issue of legal representation of the NRM came up that time but was dismissed.(NAN)
