A prominent ADC chieftain and human rights lawyer, Dr. Jezie Ekejiuba, has sued the Attorney General of the Federation and INEC over the provision, allowing manual collation of election results in the Electoral Act 2026.
Ekejiuba filed suit FHC/AWK/CS/102/2026 on March 31, 2026, at the Federal High Court, Awka Judicial Division. He is asking the court to nullify the proviso to Section 60(3) of the Act, arguing it conflicts with the 1999 Constitution as amended.
The suit seeks a judicial interpretation of Sections 4(2), 78, 118, and Paragraph 15(a) of the Third Schedule Part 1F of the Constitution. Ekejiuba, who is also president of the Nigerian Voters Organisation, contends that INEC alone has the constitutional power to decide how election results are transmitted and collated, including in emergency situations.
He is asking the court to declare the proviso illegal, unconstitutional, null and void. He also wants an order striking it down and a perpetual injunction restraining the AGF and INEC from applying or enforcing it in any election.
According to the suit, the proviso states that if electronic transmission fails due to communication issues, Form EC8A shall remain the primary source for collation and declaration of results. Ekejiuba argues this creates a speculative law that usurps INEC’s constitutional powers and opens the door to manual manipulation of results.
He maintains that the principal provision of Section 60(3) already mandates compulsory electronic transmission of polling unit results to the INEC Results Viewing portal. He adds that Section 24(2) of the Act provides for postponement of elections in emergency situations, making the proviso unnecessary.
Ekejiuba cites several Supreme Court and Court of Appeal decisions to argue that any Nigerian citizen can approach the court to protect the Constitution from violation. He says his rights as a registered voter and ADC member give him sufficient interest in the conduct of free and fair elections.
The suit was supported by a 34-paragraph affidavit, three exhibits, and a written address. The case is fixed for hearing on June 8, 2026 before Justice Evelyn N. Anyadike at Court 1.
[Adapted from News Express]
