The Presidential Election Petitions court has made a significant ruling regarding the controversial issue of how election results should be transmitted. The court, led by Justice Haruna Tsammani, declared that the Independent National Electoral Commission (INEC) has the freedom to determine the method of transmitting election results during the presidential election that took place on February 25, 2023.
This ruling hinged on Sections 52 and 65 of the Electoral Act 2022, which the court cited to support INEC’s authority to prescribe the transmission procedure for election results during the poll.
In a controversial decision, the tribunal dismissed the petition filed by the Labour Party (LP) and its presidential candidate, Peter Obi. The LP argued that President Bola Tinubu of the All Progressives Congress (APC) should have his victory annulled due to alleged issues with INEC’s Results Viewing Portal (IReV) failing to upload election results electronically in real time.
Furthermore, the tribunal also rejected the LP’s claims regarding the 25 per cent votes that Tinubu received in the Federal Capital Territory (FCT), asserting that Abuja should be treated similarly to other states in this matter.
In another critical judgment, the tribunal dismissed the allegations that Tinubu had been convicted of money laundering in the United States, stating that the petitioners, Obi and the LP, failed to provide evidence of such a conviction.
Regarding the issue of non-compliance with the Electoral Act and INEC Regulations & Guidelines, Justice Tsammani clarified that the only mandatory technological device for INEC to use during the election was the Bimodal Voters Accreditation System (BVAS). The tribunal emphasized that there is no regulation mandating the electronic transmission of polling unit results using BVAS.
The court further highlighted that IREV is not a collation system, referencing the case of Oyetola vs. INEC to support this stance.
The tribunal ruled that the Electoral Act 2022 does not mandate the electronic transmission of election results; it is considered an optional measure. As for President Tinubu’s position, these rulings appear to favor his continued tenure, as the tribunal dismissed the key arguments against his election victory. However, the final outcome may still depend on any potential appeals or legal challenges in the future.
