Court Grants Urgent Hearing In 2024 NBA Election Controversy, Orders Substituted Service On ElectionBuddy

Tobenna Erojikwe, the first runner-up in the recently concluded Nigerian Bar Association (NBA) presidential election, has taken legal action to compel the provision of materials used in the National Officers Election held on July 20, 2024.

Erojikwe emerged as first runner-up with 10,998 votes behind the winner who secured 20,435 votes. However, he alleges that the election was “marred by certain breaches and irregularities which affected the credibility and integrity of the Election.

In order to conduct an independent audit of the election, in accordance with Paragraph 8, Part II of the Second Schedule of the NBA Constitution, 2015 (as amended), Erojikwe requested access to key election data from the NBA Electoral Committee (ECNBA) and service provider ElectionBuddy Inc. However, his requests were denied on grounds of voter data privacy, with the ECNBA even directing ElectionBuddy to withhold the documents.

With an election appeal deadline of July 30th fast approaching, Erojikwe filed an urgent ex parte motion on July 29th at the High Court of the Federal Capital Territory in Abuja. The case, which seeks injunctive and mandatory orders to preserve and produce the materials for inspection, was first brought before Honourable Justice C.O. Agashiezi, sitting as a Vacation Judge in Maitama, Abuja, on Thursday, August 15, 2024.

During the hearing on Friday, August 16, 2024, the judge granted the Orders sought in two motions: a Motion Ex-Parte to allow the case to be heard during the court’s Long Vacation, and a Motion for substituted service. The case has been adjourned to August 29, 2024, for the hearing of a Motion on Notice, and the court has directed that the respondents in the case be notified of the proceedings.

Erojikwe’s counsel argues in the supporting affidavit that it is essential he be granted access to the election information to conduct a thorough audit before the appeal window closes.

Erojikwe himself expressed optimism that this legal action, along with other steps being taken, will help restore confidence in the electoral processes of the NBA and uphold the rule of law within the association.