A Federal High Court in Abuja has granted an order of stay of proceedings in a suit challenging the plan by the Independent National Electoral Commission (INEC) to use the electronic card reader machine in Nigeria’s forthcoming general elections.
The trail judge, Justice Adeniyi Ademola, said the order of stay of proceedings is to subsist pending the determination of an appeal by the All Progressives Congress (APC) and some other defendants challenging a March 13 ruling of the court.
The APC had appealed against the decision of Justice Ademola abridging the time within which parties are to respond to the suit.
Apart from the APC, other respondents in the suit are the Civil Empowerment and Rule of Law Support Initiative and the Fiscal and Civil Rights Enlightenment Foundation.
Justice Ademola held that it was appropriate to grant the order of stay of proceedings since the APC, through its counsel, Mr Lateef Fagbemi, had shown proof that it had filed its appeal and application for stay of proceedings before the Court of Appeal in Abuja.
A Federal High Court in Abuja had on March 2 refused an application brought by four registered political parties, seeking to restrain the electoral commission from using the Smart Card Reader in the conduct of the general elections.
The United Democratic Party, Action Alliance, Allied Congress Party of Nigeria and Alliance for Democracy filed the suit.
The parties, through their counsel Alex Iziyon, told the court that the proposed use of the card reader was contrary to the provisions of the constitution, as well as the amended 2010 Electoral Act.
In the suit, the political parties challenged the powers of the Independent National Electoral Commission (INEC) to introduce a process not specifically provided for in the constitution, as it prepares for the rescheduled polls.
