Saturday, December 11, 2010

Voter Registration: Court Determines INEC’s Fate Monday

A Federal High Court sitting in Abuja has fixed next Monday for hearing of the motion on notice for interlocutory injunction filed by Bedding Holdings Limited stopping the Independent National Electoral Commission (INEC) from continuing with voter registration exercise, pending the outcome of the substantive suit.
The company had  earlier dragged INEC, its chairman, the Attorney-General of the federation (AGF) and Minister of Justice,  and three
companies, Haier Electrical Appliances Corporation Ltd, Zinox Technologies Ltd and Avante International Technology Incorporated before the court, insisting that it was the only company with the patent right to produce Electronic Collapsible Transparent Ballox Boxes (ECTBB).
The plaintiff vide a motion ex-parte dated November 25, which it filed before the court, accused INEC of infringing on its patent right by contracting the three external companies to produce voter register for the 2011 general elections without first seeking and obtaining a written license, consent and authority from it.
It, therefore, prayed the court to award it N10 billion as damages for act of infringement committed by the defendants.
It equally sought an order  of interim injunction restraining INEC from going ahead with its planned voter registration exercise, pending the hearing and determination of the substantive suit.
It had argued that it would be in the interest of justice for the court to make the order so as to preserve the ‘Res’ of the action instituted before it.
The trial judge, Justice Ibrahim Auta, had earlier restrained INEC from awarding contract for the importation of the Direct Data Capturing Machines, or any other equipment ancillary to, or associated with, the process and application of the said machines for the registration of eligible voters for the 2011 general elections, or any other elections whatsoever, pending the hearing and determination of a motion on notice filed by the company.
Part of the restraining injunction reads: “That the defendants/respondents either by themselves, agents, privies, contractors, surrogates, or any other person or persons claiming through them, are restrained from continuing the process of considering proposals of tendering/bidding for, producing, procuring, supplying, acquiring, importing, buying, receiving, selling, leasing, alienating, applying or otherwise using the Direct Data Capturing Machines, laptops and/or any other equipment ancillary to, or associated with the process and application of the said machines/equipment about to be supplied or being supplied by the 4th – 6th defendants/respondents to the 1st and 2nd defendants/respondents for the registration of voters and/or compilation, production and use of a voter register for the 2011 general elections or any other elections whatsoever, pending the hearing and determination of the motion on notice for interlocutory injunction filed before this court.”

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