Labour Party vs INEC: Court Gives Verdict on Electronic Transmission of Results ahead of March 18 Elections
- The Labour Party (LP) has lost its bid to compel INEC to only use the electronic method in the transmission of the 2023 election results
- The party had through its counsel asked a Federal High Court in Abuja to give an order that INEC cannot opt for manual transmission of results
- However, the presiding judge, Emeka Nwite, ruled that the Electoral Act 2022 gives INEC the liberty to determine how election results will be transmitted
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FCT, Abuja - A Federal High Court, Abuja has dismissed a suit filed by the Labour Party ( LP) seeking to compel the Independent National Electoral Commission (INEC) to adopt the electronic transmission of the 2023 election results.
Giving his judgement, Justice Emeka Nwite held that Section 52(2) of the Electoral Act, 2022, cited by counsel to the LP, Monday Mawah, provided for voting and transmission of results in accordance with the procedure to be determined by INEC, Daily Nigerian reported.
Source: Facebook
INEC is free to determine how election results will be transmitted - Nwite
Justice Nwite further held that INEC is at liberty to prescribe or choose the manner in which election results shall be transmitted.
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The newspaper stated that the copy of the judgment delivered by Justice Nwite on Monday, January 23, prior to the Presidential and National Assembly elections held on February 25, was gotten by the News Agency of Nigeria (NAN) on Thursday, March 9.
According to NAN, the LP had in August 2022 filed the originating summons to sue INEC as the sole respondent.
The party asked the court to determine whether having regards to combined effect of Sections 47 (2), 50 (2), 60(4), 60 (5) and 62 (1)(2) and other relevant provisions of the Electoral Act, 2022 the commission can still insist on manual collation of results in the general elections.
The LP sought two injunctive reliefs in the event that the question was resolved in its favour.
The first relief was that INEC has no power to opt for a manual method other than the electronic method. The second is for the court to order the electoral commission to only use electronic transmission of results in the 2023 elections.
The LP argued that the manual collation of results was unknown to the Electoral Act, 2022 and therefore must be rejected or disallowed by the court.
However, INEC neither responded nor filed any process in the suit.
Justice Nwite gives verdict
In his ruling, Justice Nwite said the argument of the LP’s lawyer indicates that the bone of contention or the sections that sought for interpretation were Sections 50(2) 60(5) and 62(2) of the Electoral Act, 2022.
He said Section 47(2) as cited by the lawyer only dealt with the accreditation of voters using a Smart Card Reader but not the collation or transmission of results as postulated by him, PM News also reported.
His words:
“Section 62(2) on the other hand provides for compilation, maintenance and continuous update of the register of election result as distinct database for all polling units’ results as collated in all elections conducted by the commission.
“The said Section 62(2) has mandated that such register of election results shall be kept in an electronic format by the commission at its national headquarters.
“Now a close reading of Section 50(2) has provided for voting and transmission of result to be done in accordance with the procedure to be determined by the commission.
“This is to say that the commission is at liberty to prescribe or choose the manner in which election results shall be transmitted,” he said.
Nwite equally held that Section 60(5) empowered the polling unit’s presiding officer to transfer the election results including the total number of accredited voters and results of the ballot in a manner to be prescribed by INEC.
He submitted that INEC cannot be held to have violated the Electoral Act 2022 if it decides to collate and transfer election results manually in the 2023 general elections.
The presiding judge reiterated that there is no section in the electoral act where INEC is mandated to only use electronic means in collating or transferring election results.
The judge consequently dismissed the suit.
Nigerians react
Oscify commented on Facebook:
"What court case is this one? INEC is to determine of course. Who doubts that? But when INEC has decided and provided electoral guidelines, it is bound to obey the guidelines.
"INEC decided when it wrote its guidelines and stipulated that results must be transmitted electronically. Any deviation from the guideline on the part of INEC is a breach of the law. It is illegal."
Wonders Ekpin said:
"End of discussion. Obi is just busy body even with his distant third position, he wants to decide for INEC how to conduct the poll.
"If you like, continue with your Court Case you will fail woefully."
Charles Konikov said:
"Na them make guideline, na them say Dem go use am, now na them dey fight not to use their own guidelines and regulations again. Transparency dey the matter? INEC has lost credibility, so whatever happens from now on, nobody go put mouth again."
Johnson Terver Philip Kon said:
"The electoral act says the same thing I don't know where those spreading these stories read theirs."
Labour Party wins as court orders INEC to upload results from polling units to IReV
Meanwhile, a Federal High Court sitting in Lagos recently gave a ruling that appears contradictory to that of Justice Nwite.
The court ordered INEC to electronically upload the results of the March 11 governorship and State House of Assembly elections in Lagos state from the polling units to the INEC Result Viewing Portal (IReV).
Justice Peter Lifu granted the order while delivering judgment in a suit filed by the Labour Party, its governorship candidate, Gbadebo Rhodes-Vivour, and 40 others.
Source: Legit.ng
