Public interest suit threatens constitutional challenge over closure of Continuous Voter Registration exercise
The Independent National Electoral Commission (INEC) is facing the prospect of fresh litigation over its decision to end the Continuous Voter Registration (CVR) exercise, following a formal pre-action notice demanding that the electoral body immediately reopen the exercise or defend its decision before the Federal High Court.
In a letter dated 28 July 2026 and addressed to the Chairman of INEC, Abuja-based public interest lawyer Maduabuchi O. Idam argued that closing the registration exercise months before the scheduled elections risks disenfranchising thousands of eligible Nigerians who were unable to register because of inadequate access, limited public awareness and logistical constraints.
The legal challenge comes barely weeks after INEC announced that more than 2.43 million Nigerians completed registration during the latest phase of the nationwide CVR exercise, which officially closed on July 24 after an extension from the earlier July 10 deadline. The Commission has since begun the statutory process of cleaning up the register ahead of future elections.
Idam, however, contends that the Commission’s constitutional responsibility extends beyond conducting elections to ensuring that every eligible Nigerian has a genuine and practical opportunity to participate in the democratic process.
“The constitutional duty of INEC is not merely to conduct elections but to ensure that every eligible Nigerian is afforded a fair, reasonable and effective opportunity to participate in the electoral process,” the letter states.
According to him, the right to vote becomes largely theoretical where citizens are unable to complete the first step in the electoral process—registration.
The lawyer argues that the registration exercise suffered from inadequate publicity, particularly in rural communities, while the limited number of registration centres placed many intending voters at a disadvantage.
He maintained that rather than concentrating registration in a few designated offices, INEC should have deployed registration teams to locations where citizens naturally congregate, including markets, schools, motor parks, places of worship and community centres.
The letter also calls for more aggressive voter education through radio, television, newspapers, social media, traditional institutions and religious organisations to improve public awareness of voter registration opportunities.
Idam is demanding that INEC immediately extend the registration exercise, establish additional registration centres nationwide, intensify voter sensitisation campaigns and continue registration until eligible Nigerians have been afforded what he described as a “genuine and effective opportunity” to register.
At the heart of the proposed litigation is a broader constitutional question that has surfaced repeatedly in Nigeria’s electoral history: how far does INEC’s administrative discretion extend when weighed against citizens’ democratic rights?
Although the Constitution empowers the Commission to organise and supervise elections, Nigerian courts have consistently recognised voting as one of the principal mechanisms through which citizens participate in democratic governance. The proposed suit is expected to test whether the management of voter registration can be subjected to judicial review where it is alleged that administrative decisions have the practical effect of excluding otherwise qualified voters.
The lawyer argued that administrative convenience or budgetary limitations cannot justify measures that substantially limit electoral participation.
“Whatever financial, logistical or administrative resources are required to extend the registration exercise should be made available by the Government, as the preservation of democratic participation is a constitutional imperative,” he stated.
The pre-action notice gives the Commission seven days to review its decision and reopen the registration exercise.
Failing that, Idam says he will institute proceedings before the Federal High Court seeking declarations that the closure of the exercise is unconstitutional, together with orders compelling INEC to reopen registration, expand access to registration centres and undertake wider voter sensitisation across the country.
If eventually filed, the case could become one of the first major judicial tests of the balance between INEC’s statutory powers to regulate voter registration and the constitutional expectation that every eligible Nigerian should enjoy a meaningful opportunity to exercise the franchise.
The outcome may ultimately shape not only future voter registration exercises but also the legal standards governing electoral inclusion in Nigeria’s constitutional democracy.
