INEC has powers to decide how to transmit election results — Appeal Court

The Court of Appeal sitting in Lagos has ruled that the Electoral Act gave the Independent National Electoral Commission (INEC) ‘very wide discretionary powers’ to determine how it wants to transmit or transfer election results.

The appellate court made the declaration while setting aside the judgment of a Federal High Court, which ordered INEC to directly and electronically upload the election results of the Governorship and State of Assembly elections from the polling units to the IREV.

The appellate court presided over by Justice Abubakar Umar also described the suit, filed by the Labour Party, its governorship candidate, Gbadebo Rhodes-Vivour and 41 Others, as an ab¥se of the court process.

The court, in the judgment endorsed by the two other members of the panel of justice, Justice Olukayode Bada and Justice Onyekachi Otisi, held that the power to make a regulation or guideline necessarily entails the authority to amend or vary it.

“It is my considered view that the power to make a regulation or guideline necessarily entails the power to amend or vary it especially if it deems it necessary or exigencies warrant such.

With due respect to the learned judge, an order of mandamus cannot be granted to fetter a discretion”, Justice Umar held.

The judge also held that not even the allegation that INEC breached its regulations during the conduct of the presidential poll can justify the order of mandamus issued by the lower court “because that is an issue for the election tribunal”.

“I hereby make an order setting aside the judgment of P.O. Lifu delivered on the 8th March 2023 in Suit No: FHC/L/CS/370/2023. In its place, I make an order dismissing the suit, i.e. Suit No: FHC/L/CS/370/2023 in its entirety for being an ab¥se of the court process. Parties shall bear their respective costs”, the appeal court concluded.