A federal High Court in Abuja has held that it is only the Independent National Electoral Commission [INEC] that is empowered by law to determine the mode of collating and transmitting election result. Justice Emeka Nwite, in a judgment, also held that it is only INEC that has the prerogative to direct how polling Unit Presiding Officer should transfer election result, including the total number of accredited voters and result of the ballot.
Justice Nwite further held that the collating and transferring of election results manually in the 2023 general elections cannot be said to be contrary to the relevant provisions of the Electoral Act. The judgment was on a suit marked: FHC/ABJ/CS/1454/ 2022 filed by the Labour Party [LP], with INEC as the sole defender. LP had prayed the court to declare that INEC has no power to opt for manual method other than the electronic method provided for by the relevant provision the Electoral Act, 2022
In the judgment delivered on January 23,2023, a copy of which The Nation sighted on Friday, Justice Nwite held that the plaintiff misconstrued the provision of the Law and proceeded to dismiss the suit. He said: from the argument of the learned plaintiffs’ counsel, I am of the humble opinion that the sections that seek for interpretations are actually sections 50[2] 60[5] and 62[2] of the Elections Act, 2922. Section 47(2) as cited by the learned counsel to the plaintiff only deals with accreditation of voters using a Smart Card Reader, but not collation or transmission of result as postulated by the learned counsel, “the judge held.
Justice Nwite noted that section 60(5) of the Electoral Act, 2022 provides for the accredited voters from the polling unit. He also noted that section 62 (2) of the same Act provides for completion, maintenance and continues update of the register of election results as distinct database for all polling units results as collated by the commission.
Justice Nwite added: “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) of the Act 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 it is transmitted. “Consequently, this matter is hereby dismissed, “Justice Nwite said.
