Court Gives Verdict on INEC’s Electronic Transmission of Results

Court Gives Verdict on INEC’s Electronic Transmission of Results

  • The court has ruled on the transmission of results by the Independent National Electoral Commission
  • Delivering its judgement, the Federal High Court earlier ordered INEC to upload results electronically to its portal (IReV)
  • In a twist, the Court of Appeal in Lagos upturned the High Court's judgement and held that INEC is fully backed by the constitution to determine how it operates, including how it transmits or transfers election results to the collation centre

Lagos state, Nigeria - The case filed by the Labour Party against the Independent National Electoral Commission (INEC) has been nullified.

The Court of Appeal, Lagos division, has voided a Federal High Court decision that mandated INEC to electronically upload results of the governorship and state of assembly elections from the polling units directly to the Results Viewing Portal (IReV).

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INEC, APC, Labour Party, 2023 elections, Court of Appeal, Federal High Court
The court has held that the electronic transmission of election results is not mandatory. Photo credit: INEC Nigeria
Source: Facebook

A three-man panel, comprising Justice Abubakar Umar, Justice Olukayode Bada and Justice Onyekachi Otisi, held that the law gave INEC very wide discretionary powers to determine how it transmits or transfers election results.

The judgment delivered by the panel on July 19 and obtained by The Guardian on Monday, August 7, 2023, described the suit filed by the LP at the lower court as an abuse of court process.

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Why Electronic-transmission of election results isn't mandatory

The court held that Section 50(2) and Section 60(5) give INEC “very wide discretionary powers” to determine how it transmits or transfers election results, noting transmission of election results rests on the shoulder of the electoral body and is not mandatory.

In its decision, the Court of Appeal noted that the LP, its governorship candidate and all the other respondents did not file any brief to join issues with the ruling All Progressives Congress (APC) despite being served, The Nation report explained.

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The appeal court said it found merit in the appeal and, therefore, resolved the issues in favour of the APC.

Tribunal: Will Peter Obi win in court?

In another development, Prophet Chibuzo Nkemakolam, the founder of the Throne of Power Ministry, has said Peter Obi, the presidential candidate of the Labour Party (LP), “has no chance” of winning in the court case against President Bola Tinubu.

Prophet Nkemakolam, however, said Obi could triumph in court “if there's a strong supernatural intervention”.

The man of God added that Obi, a former governor of Anambra state, “won't win because he is intelligent, strategic or powerful”.

INEC chairman speaks on 2023 elections

The Independent National Electoral Commission disclosed that it has nothing to hide regarding the conduct of the 2023 elections.

Professor Mahmood Yakubu, INEC chairman, made this disclosure on Wednesday, August 2, at a meeting with media stakeholders in Lagos during a review of the 2023 polls.

According to Yakubu, the elections recorded many positives despite the challenges encountered.

Source: Legit.ng

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