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From Godwin Tsa Abuja
A Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to recognise the Chief Edozie Njoku-led National Executive Committee (NEC) of the National Rescue Movement (NRM), which emerged at the January 17 emergency national convention of the party.
The emergency national convention of the party was held in Abuja to fill vacant seats and correct the lopsidedness in the party’s NEC, to enable the party to wear a national outlook and spread.
After the emergency national convention, which was held on January 17, 2025, the former National Chairman of the All Progressives Grand Alliance (APGA), Chief Edozie Njoku, who had since dumped the party, emerged as NRM’s National Chairman.
However, since the convention was held, INEC has refused to accept its outcome on the ground that it did not monitor the exercise, a position Justice Obiora Egwuatu faulted in a judgment delivered yesterday
Following the development, the NRM under the Njoku’s led NEC, filed a motion on notice, marked FHC/ABJ/CS/45/2025 against the INEC for an order of mandamus compelling the commission to recognise its leadership of the party.
Justice Egwuatu held that there was evidence that NRM served on INEC a valid notice of its emergency national convention and that it was wrong for the electoral body to have refused to monitor the exercise as the law mandates it to do.
The judge further held that the notice from the NRM, not being short of the required 21 days, INEC had no reason not to have monitored the emergency convention.
The judge said he was convinced that the NRM effectively made out a case to warrant the grant of the reliefs sought. Justice Egwuatu in his judgment declared that pursuant to the provisions of section 82(1) and 83 (1) of the Electoral Act, 2022, the respondent was under a constitutional obligation to accept and monitor the emergency convention of the applicant to fill vacancy and correct lopsidedness in its National Executive Committee. The court further held that the failure of the respondent to accept and monitor the emergency convention of the applicant to fill vacancy and correct lopsidedness in its NEC amounted to refusal/failure to discharge it’s constitutional and/or public duty, contrary to the provision of section 82 (1) and 83 (1) of the Electoral Act, 2022, therefore, unconstitutional and unlawful.
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He finally granted an order of mandamus directing and/or compelling INEC to accept and monitor the emergency convention of the applicant to fill vacancy and correct lopsidedness in its NEC and recognise the decision or outcome of the convention.
Reacting after the judgment, NRM National Chairman, Njoku urged INEC to graciously obey the court order.
“Today, it has been made clear to INEC that everything that came out of our emergency national convention held on January 17, including the constitutional amendment, is legal and binding on INEC.
“We are appealing to INEC to please accept the order of mandamus imposed on them by the court that they should accept immediately our leadership.
“There are a lot of bye-elections that will come up very soon and an election in Anambra.
“So, we are asking INEC to please put everything behind them and give us equal playing ground so that we can go into the election and see how we can save the party from going backward.
“NRM has, before now, been going backward, and now, we want it to go forward to start building our structures.
“We are begging INEC not to take it personally. It is an order of court compelling them to recognise us instantly” Njoku stated.
