“Court Lacks Jurisdiction” — Judge Strikes Out Case On Alleged Voter Disenfranchisement In 2023 General Elections

A Federal High Court sitting in Lagos has struck out a suit seeking to enforce the rights of aggrieved voters allegedly disenfranchised by the Independent National Electoral Commission (INEC) during the 2023 General Elections, ruling that such rights are non-justiciable under Nigerian law.

In a judgment delivered on Wednesday, July 23, 2025 with Suit No: FHC/L/CS/1390/2023 , Justice Alexander Oluseyi Owoeye held that the reliefs sought by the Applicants Human Rights Empowerment Projects Ltd/GTE, Iyk Kings Osuji, and Cynthia Eminue did not fall under the fundamental rights protected by Chapter IV of the 1999 Constitution and therefore could not be adjudicated by the court.

The Applicants had filed the action on July 20, 2023, invoking Sections 39 and 46 of the Constitution and Articles 9 and 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, arguing that INEC’s actions and inactions infringed upon the constitutional right of Nigerians to participate in their government.

However, Justice Owoeye ruled that the right to participate in government as provided in Section 14(2)(c) of the Constitution and Article 13 of the African Charter is non-justiciable because it falls under Chapter II Fundamental Objectives and Directive Principles of State Policy which the courts lack jurisdiction to enforce.

“The settled position of the law is that any question bordering on the action or omission of any person or authority that relates to participation in government is not justiciable before any Court in Nigeria,” the judge held. “The 1999 Constitution rendered Article 13(1) of the African Charter non-justiciable.”

He further stated that failure to bring the action within the scope of Chapter IV rights meant the Applicants did not satisfy the condition precedent for invoking the court’s fundamental rights jurisdiction.

“The absence of jurisdiction is irreparable in law. The matter ends there, and the only procedural duty of the court is to strike out the matter,” Justice Owoeye ruled.

Accordingly, the suit marked FHC/L/CS/1390/2023 was struck out. The court ordered parties to bear their respective costs.

In appearances, Anita N. Oliko, Esq., with Bamidele Adelugba, Esq., represented the Applicants, while O. M. Oyebode, Esq., appeared for the 2nd Respondent, the National Human Rights Commission. INEC, the 1st Respondent, had no legal representation.