Tribunal Ruling Supports INEC’s Role in Election Result Transmission

The Presidential Election Petitions Tribunal has delivered a ruling affirming the Independent National Electoral Commission’s (INEC) authority and discretion to determine the mode of election result transmission for the presidential election that took place on February 25, 2023.

The five-member panel, led by Justice Haruna Tsammani, referred to Sections 52 and 65 of the Electoral Act 2022, which grant INEC the freedom to prescribe the method of transmitting election results during the poll.

This ruling comes in response to a petition filed by the Labour Party and its presidential candidate, Peter Obi, which sought to annul the victory of President Bola Tinubu of the All Progressives Congress (APC). The petition was based on the alleged “failure” of INEC’s Results Viewing Portal to electronically upload election results in real-time.

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The decision of the Presidential Election Petitions Tribunal underscores the legal framework within which INEC operates and its discretion in determining the most suitable method for election result transmission. It reaffirms the importance of adherence to electoral laws and regulations in the conduct of presidential elections in Nigeria.

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