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A Federal High Court sitting in Abakaliki, on Friday dismissed a suit brought before it by the All Progressives Congress (APC) challenging the decision of the state electoral body to use option A4 (open ballot voting system) during the council polls.
The APC had in August sued the commission over the propriety of its decision to use open ballot system for the conduct the local government election.
The party said the decision by EBSIEC amounted to exposing the voter, especially supporters of the opposition, “to danger, political intimidation and victimization during and after the polls”.
Presiding judge, Justice Miriam Onyekwunu, in her judgment ruled that the Ebonyi State Independent Electoral Commission (EBSIEC) had the right under the 2010 electoral Act (as amended) to conduct the council polls using option A4 voting system.
Onyekwunu said the right to personal secrecy as provided by Section 37 of the 1999 constitution as amended, did not extend to election matters but only to a person’s private life and property.
The judge contended that open ballot system of voting would not constitute a violation of the right of the voter.
"Voting, though a civic responsibility, is a thing of choice as both electoral Act and the 1999 constitution did not criminalize refusal to vote", she said.
“It is my considered opinion that the decision by the Ebonyi electoral body to use option A4 ballot system has neither contravened the constitution nor violates the fundamental rights of the voter.
“The voter is at liberty to vote whoever he or she wants to vote without necessarily concealing his or her identity.
“Accordingly, the suit is hereby dismissed as lacking in locus and in merit,’’ Onyekwunu ruled.
Reacting to the judgment,Mr Godwin Onwsi, Counsel to APC, said the party would file an appeal after it must have studied the judgement.
“Well, my Lord has delivered her ruling and we are going to study it critically.
“Don’t forget that we have the right of appeal, we must definitely appeal against the judgement of the lower court,’’ Onwusi said.
The Counsel to EBSIEC, Mr Ben Igwenyi, however, described the judgement as “victory for the rule of law” and hailed the courage of the judge.
“What we witnessed today is democracy in action and a victory for the rule of law. The court has said that we have not violated the right of the voter by opting for open ballot system of election.
“With this judgement, the coast is now clear for the electoral body to forge ahead with the conduct of the council election.
“If they appeal the judgement, we will still answer them because this is one of the beauties of democracy and the rule of law,’’ Igwenyi added.(NAN)
The APC had in August sued the commission over the propriety of its decision to use open ballot system for the conduct the local government election.
The party said the decision by EBSIEC amounted to exposing the voter, especially supporters of the opposition, “to danger, political intimidation and victimization during and after the polls”.
Presiding judge, Justice Miriam Onyekwunu, in her judgment ruled that the Ebonyi State Independent Electoral Commission (EBSIEC) had the right under the 2010 electoral Act (as amended) to conduct the council polls using option A4 voting system.
Onyekwunu said the right to personal secrecy as provided by Section 37 of the 1999 constitution as amended, did not extend to election matters but only to a person’s private life and property.
The judge contended that open ballot system of voting would not constitute a violation of the right of the voter.
"Voting, though a civic responsibility, is a thing of choice as both electoral Act and the 1999 constitution did not criminalize refusal to vote", she said.
“It is my considered opinion that the decision by the Ebonyi electoral body to use option A4 ballot system has neither contravened the constitution nor violates the fundamental rights of the voter.
“The voter is at liberty to vote whoever he or she wants to vote without necessarily concealing his or her identity.
“Accordingly, the suit is hereby dismissed as lacking in locus and in merit,’’ Onyekwunu ruled.
Reacting to the judgment,Mr Godwin Onwsi, Counsel to APC, said the party would file an appeal after it must have studied the judgement.
“Well, my Lord has delivered her ruling and we are going to study it critically.
“Don’t forget that we have the right of appeal, we must definitely appeal against the judgement of the lower court,’’ Onwusi said.
The Counsel to EBSIEC, Mr Ben Igwenyi, however, described the judgement as “victory for the rule of law” and hailed the courage of the judge.
“What we witnessed today is democracy in action and a victory for the rule of law. The court has said that we have not violated the right of the voter by opting for open ballot system of election.
“With this judgement, the coast is now clear for the electoral body to forge ahead with the conduct of the council election.
“If they appeal the judgement, we will still answer them because this is one of the beauties of democracy and the rule of law,’’ Igwenyi added.(NAN)
