APC seeks to join anti-PVC suit
CuteNaija
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Tuesday, February 10, 2015
The All Progressives Congress has asked a Federal High Court in Abuja to join it as a defendant in a suit seeking an order barring the use of Permanent Voter Card and card readers for the conduct of the forthcoming general elections.
The suit numbered FHC/ABJ/CS/06/2015 was filed by Society for Advancement and Protection of Public Rights.
The plaintiff, is by the suit, seeking to restrain the Independent National Electoral Commission from using the PVC and card readers for the forthcoming polls on the grounds that they were likely to lead to the disenfranchisement of eligible voters.
It argued that since INEC had not engaged in trial application of the PVC and card readers, they could not guarantee their effectiveness.
The group therefore wants the court to among others, direct INEC to revert to the use of TVCs, which had been tested during previous elections.
The plaintiff had joined only INEC and the Attorney-General of the Federation as the defendants.
But at the hearing of the suit on Tuesday, counsel for the APC, Mr. Lateef Fagbemi (SAN), said the party intended to join the suit because the decision that would be eventually reached in the case would affect the chances of its candidates contesting in the general elections.
Another group, Fiscal and Civil Rights Enlightenment Foundation, represented by its lawyer, M.S Ibrahim, also indicated to join the suit as a co-defendant during the Tuesday’s hearing.
APC, in its affidavit filed in support of its application seeking to be joined as a co-defendant, stated that it intended to join the suit and oppose the plaintiff’s suit.
The party also said that it intended to challenge the plaintiff’s locus standi to institute the suit as it was not a registered voter.
It attached to the affidavit a copy of its proposed defence (counter-affidavit) with which it intended to oppose the plaintiff’s suit.
The affidavit dated February 9, 2015, reads in part, “That the crux of the reliefs being sought by the plaintiff herein is to prevent the exclusive use of the Permanent Voter Card for the conduct of the elections.
“That the use of the Permanent Voter Card is to ensure a hitch-free and fair election and to prevent most importantly, rigging of the election.
“That the applicant (APC) intends to oppose the suit as presently constituted and filed by the plaintiff because its grant would jeopardise the preparations of the applicant towards the 2015 general elections.
“That applicant has a good and justifiable defence against the suit.
“That the plaintiff in this suit is not a registered association and is also not a juristic person.
“That the applicant if joined as a co-defendant, intended to challenge the locus standi of the plaintiff who is not a registered voter, to challenge the use of the Permanent Voters Card otherwise called PVC.”
Fagbemi on Tuesday asked the presiding judge, Justice Abdulkadir Abdul-Kafarati, to adjourn the matter to enable it to serve its application on INEC.
The plaintiff’s counsel, Ezenwa Alumnu, and that of the AGF, N.S Olusola, did not oppose the request for an adjournment.
The court then adjourned till February 23 and directed that hearing notice should be issued and served on INEC.
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