The judge ruled that the plaintiffs were duly registered and captured in INEC’s database and were entitled to vote using their TVCs. He also stated that no portion of the law only mandates using PVCs but provides for a voter’s card under Section 47 of the Electoral Act.
The judge, however, could not grant the prayer to allow every eligible voter with a TVC to vote because the suit was not filed in a representative capacity. The judgment is binding on INEC and enforceable unless there is an appeal.
INEC had repeatedly held that only eligible voters with PVCs would be allowed to vote in the 2023 presidential, governorship, and parliamentary elections.
Speaking to newsmen, counsel to the plaintiffs, Victor Opatola, said the judgment was a win for all Nigerians who fulfilled all necessary requirements to register to vote but could not get their PVCs before the election due to no fault of theirs.
Opatola said that it was the law of equity that what applied to the goose should also apply to the gander. He added that the content of the TVC was the same as the PVC, and the only difference was the plastic used for the PVC.
The plaintiffs, Kofoworola Olusegun and Wilson Allwell challenged the position of INEC. They asked the court to determine whether a person whose name appears in the electronic format in INEC’s central database and manual, printed paper-based record or hard copy format of the register of voters and has been assigned a Voter’s Identification Number (VIN) can be accredited to vote with their TVC in the general election.
They also asked the court to grant a declaration that they, having fulfilled all necessary legal requirements to register and having been captured in INEC’s database, are entitled to vote using their TVC in the 2023 General Elections.
The ruling has generated mixed reactions from Nigerians, with some commending the court for upholding the rights of citizens to vote. In contrast, others expressed concerns about the potential for voter fraud and multiple voting.
Some have also raised questions about the capacity of INEC to handle the use of TVCs in the election, especially considering the challenges faced during the distribution of PVCs.