Justice Obiora Egwuatu of the Federal High Court in Abuja has directed the Independent National Electoral Commission (INEC) to recognize the leadership of the National Rescue Movement (NRM) that emerged from the party’s emergency national convention held in Abuja on January 17.
The convention, convened to address vacant positions in the party’s National Executive Committee (NEC) and rectify lopsidedness in its composition, elected Edozie Njoku as the NRM’s National Chairman.
INEC had refused to accept the convention’s outcome, citing its lack of monitoring during the exercise. However, in his judgment delivered on Wednesday, Justice Egwuatu disagreed with this stance.
The ruling followed a suit filed by the NRM, with INEC as the sole respondent. Justice Egwuatu determined that the NRM had provided INEC with valid notice of the emergency convention, and the electoral body was obligated by law to monitor the exercise.
The judge further stated that the notice served by the NRM met the required 21-day period, leaving INEC with no justification for its refusal to attend. Consequently, Justice Egwuatu ruled in favor of the NRM, granting 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 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 an order of mandamus compelling INEC “to accept and monitor the emergency convention of the applicant to fill a vacancy, and correct lopsidedness in its NEC and recognize the decision or outcome of the convention.”