The Federal High Court sitting in Abuja on Wednesday ordered the Independent National Electoral Commission to recognize the Edozie Njoku-led National Executive Committee of the National Rescue Movement that emerged from the party’s emergency national convention held in Abuja on January 17.
The court stated that INEC’s refusal to monitor the emergency convention, which was held to fill vacancies and correct lopsidedness in the political party, amounted to a failure to discharge its constitutional duty, which is unlawful.
Justice Obiorah Egwuatu stated this while delivering judgment in the suit marked FHC/ABJ/CS/45/2025, filed by the NRM with INEC as the sole respondent.
It will be recalled that the NRM held an emergency national convention to fill vacant positions in the party’s National Executive Committee. Edozie Njoku emerged as the party’s national chairman at the convention.
The party’s hierarchy, however, disapproved of the INEC position, insisting that the convention was imperative to address what it described as “lopsidedness in its composition” in order to give the party a national outlook and spread.
INEC, for its part, refused to accept the outcome of the convention on the grounds that it did not monitor the exercise.
However, Justice Egwuatu, in his judgment, faulted INEC’s position, stating that “there is evidence that NRM served INEC a valid notice of its emergency national convention.”
The judge further criticized INEC for refusing to monitor the exercise, as the law mandates it to do.
He held that since the notice from the NRM was not shorter than the required 21 days, the electoral body had no reason not to monitor the emergency convention.
He added that the court was convinced that the NRM effectively made a case to warrant the grant of the reliefs sought.
Justice Egwuatu declared, “Pursuant to the provisions of Sections 82(1) and 83(1) of the Electoral Act, 2022, the respondent is under a constitutional obligation to accept and monitor the emergency convention of the applicant to fill vacancies and correct lopsidedness in its National Executive Committee.”
The judge further declared that INEC’s failure to accept and monitor the emergency convention of the applicant to fill vacancies and correct lopsidedness in its NEC amounted to a refusal or failure to discharge its constitutional and public duty, contrary to the provisions of Sections 82(1) and 83(1) of the Electoral Act, 2022, and was therefore unconstitutional and unlawful.
Justice Egwuatu proceeded to make an order of mandamus compelling INEC to accept and monitor the emergency convention of the NRM, to fill vacancies and correct lopsidedness in its NEC, and to recognize the decisions or outcomes of the convention.
Addressing newsmen on the court premises immediately after the judgment, the NRM National Chairman, Njoku urged INEC to obey the court order.
He said, “Today, it has been made abundantly clear to INEC that everything that came out of our emergency national convention held on January 17, both Constitutional amendments 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.”