A Federal High Court, Abuja, Has ordered the Independent National Electoral Commission (INEC) to electronically transmit the Saturday’s governorship and house of assembly’s election results in accordance with its regulations and guidelines.
According to Justice Obiora Egwuatu, in a judgment, also ordered the use of the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units voting and results’ procedures in Akwa Ibom.
The judge further directed the commission to conspicuously paste the publication of its result posters EC60(E) at polling units after completing the EC8A result sheets in the state.
He equally ordered INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls in the state by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political for the distribution of electoral materials and personnel.
He gave the judgment following a suit filed by the Labour Party (LP) and its governorship candidate in Akwa Ibom, Uduakobong Udoh, including 13 state’s House of Assembly candidates for the March 18 elections.
Recall that the applicants, in the originating summons marked: FHC/ABJ/CS/334/2023 dated and filed on March 15 by their lawyer, Moses Usoh-Abia, had sued INEC as sole defendant.
The applicants, who sought seven reliefs, prayed the court for an order of mandamus compelling INEC and all its agents to comply with and enforce the provision of Clause 37 of the Regulations and Guidelines for the Conduct of the Saturday’s governorship and house of assembly elections in Akwa Ibom.
They also prayed the court to mandate the presiding officers of all polling units to conspicuously paste the publication of result posters EC460(E) at the polling units after completing the EC8A result sheets.
They sought an order of mandamus compelling the commission to mandate the presiding officers of all polling units in the state to electronically transmit or transfer the result of the polling units, direct to the collation system and use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units voting and results procedures.
They said this was in compliance with the provision of Clause 38 of the guidelines for the conduct of the polls.
The applicants equally prayed for an order directing INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political for the distribution of electoral materials and personnel, among other reliefs.
Upon resumed hearing on the matter on Friday, Usoh-Abia informed that he had complied with the earlier court order and that their motion was served on INEC same Wednesday.
The lawyer said despite the service of their process, the commission was not represented in court.
He said the order was necessary because the commission, in the Feb. 25 Presidential and National Assembly polls, failed to transmit results of the elections in the state and across the country.
He argued that INEC created the regulations and guidelines pursuant to Section 148 and 60(5) of the Electoral Act, 2022 to guide the conduct of elections and collating of election result among others.
Usoh-Abia said INEC’s refusal to comply with the law had resulted in serious prejudice; and had foisted uncertainty and frustration on his clients at their various polling units and wards.
The lawyer said if the order was not granted, the same scenario would repeat itself in the Saturday’s poll.
But INEC, in its preliminary objection, said the suit was incompetent and the court lacked jurisdiction to entertain it
