INEC has freedom to determine election results transmission method, Tribunal rules

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The Presidential Election Petitions Court issued a significant ruling on Wednesday, affirming the Independent National Electoral Commission’s (INEC) authority to determine the mode of transmitting election results for the presidential election held on February 25, 2023.

Led by Justice Haruna Tsammani, the five-member panel referenced Sections 52 and 65 of the Electoral Act 2022 to emphasize INEC’s discretion in prescribing the method of result transmission during the electoral process.

In response to a petition filed by the Labour Party (LP) and its presidential candidate, Peter Obi, challenging the victory of President Bola Tinubu from the All Progressives Congress (APC), the Tribunal made several key determinations.

The LP and Obi argued for the annulment of President Tinubu’s victory, primarily citing the alleged “failure” of INEC’s Results Viewing Portal (IReV) to electronically upload election results in real-time.

Furthermore, the Tribunal addressed the LP and Obi’s objections regarding the allocation of 25 per cent of the votes to Tinubu in the Federal Capital Territory (FCT), asserting that Abuja should be treated no differently than other states.

Additionally, the court delved into the matter of Tinubu’s alleged money laundering conviction in the United States, a claim raised by the petitioners.

However, the Justice Tsammani panel concluded that the petitioners, Obi and the LP, failed to substantiate their assertions, as no concrete evidence of Tinubu’s criminal arrest or conviction was presented.

In essence, this ruling highlights INEC’s authority in determining result transmission methods while addressing and dismissing various allegations and challenges raised by the LP and its presidential candidate in relation to the presidential election of 2023.

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