A lawsuit brought by the Labour Party to compel the Independent National Electoral Commission to use an electronic way of communicating the results of the 2023 governor’s election was dismissed by a division of the Federal High Court in Abuja.
The Electoral Act of 2022’s Section 52(2), according to Judge Emeka Nwite, who dismissed the lawsuit, allowed for voting and the transmission of results in accordance with a process that would be decided by INEC.
According to Justice Nwite’s interpretation, the electoral umpire has the authority to specify or pick the channel through which election results will be communicated.
“I find that under the provisions of Sections 50(2) and 60(5) of the Electoral Act, 2022, the correct reading of the abovementioned statutes is that the defendant (Independent National Electoral Commission) is free to specify how election results may be delivered,” he stated.
On August 22, 2022, the Labour Party filed a lawsuit designated FHC/ABJ/CS/1454/2022 against the electoral body through its attorney in an effort to compel it to employ an electronic method to transmit the 2023 election results.
They asked the court to rule whether INEC can continue insist on manually collating the results of the general elections despite the combined effect of Sections 47 (2), 50 (2), 60(4), 60(5), and 62 (1)(2) and other pertinent provisions of the Electoral Act, 2022. Thus, they requested the following reliefs:
“A declaration that the respondent does not have the authority to choose a manual method other than the electronic method permitted by the applicable provisions of the Electoral Act, 2022. ”
“An order of this honorable court directing/compelling the respondent to comply with the Electoral Act, 2022 on electronic transmission of results in the upcoming general elections.