INEC sued for failing to transmit election results from polling units

The Independent National Electoral Commission (INEC) has been dragged to the Federal High Court of Nigeria in Abuja over failure to electronically transmit or transfer results of the Presidential and National Assembly elections conducted on February 25, 2023, from the polling units across the country.

The Plaintiffs, Prof Haruna Dabin, Joseph Enan, Joseph Inya Agha, Afeez Adeola Adeyeye, Lawrence Agi Oloko and Kuyembo Danjuma, in a suit with reference number —  FHC/ABJ/CS/426/2023, asked the court to determine the following questions:

1. Whether by the true construction and interpretation of Sections 60, 64(4) and 148 of the Electoral Act, and Clause 38 of the Regulations and Guidelines for the Conduct of the 2023 Elections the defendants have an obligation under the law to electronically transmit or transfer from the Polling Units across the country the results of the Presidential and National Assembly elections conducted on February 25, 2023 after the votes have been counted and recorded by the Polling Officers before collation at the Ward Collection Centres.
2. Whether by the true construction and interpretation of Sections 60(4), 148, and 47(1) of Electoral Act 2022 and the Regulations and Guidelines for the Conduct of the 2023 Election, particularly Clause 38, failure to transmit the results of the presidential and National Assembly elections conducted on Saturday, February 25, 2023, after the votes have been counted and written in the prescribed form is not a violation of the Electoral Act?
3. Whether by the true construction and interpretation of Sections 60(4), 148, and 47(1) of the Electoral Act 2022 and the Regulations and Guidelines for the Conduct of the 2023 Election, particularly Clause 38, the failure of the Polling Officers to transmit the results of the Presidential and National Assembly elections conducted by the defendants on Saturday, February 25, 2023 is not a crime punishable upon conviction under the Clause 38 of the Regulation and Guidelines for the Conduct of the 2023 Elections?
4. Whether by the true construction and interpretation of Section 60(4), 148, and 47(1) of the Electoral Act 2022, the Regulations and Guidelines for the Conduct of the 2023 Elections and Section 4 of the Nigerian Police Act, 2020, the Inspector General of Police, through the relevant Police Officers, does not have an obligation to prosecute the 2nd to 4th Defendants for commission of a crime for not transmitting to the IReV portal the results of voting of the Presidential and National Assembly election held on Saturday, February 23, 2023, after the votes have been counted at the Polling Units across the country.

The Plaintiff also prayed the Court for the following reliefs:

1. A declaration that by the provisions of Sections 60, 64(4), and 148 of the Electoral Act 2022 and the Regulations and Guidelines for the 2023 Elections it is mandatory for Polling Officers to electronically transmit election results from the Polling Units to INEC’s IReV portal immediately at ti .1 it-Adis of vol have been counted and entered in the result sheets provided by INEC.
2. A declaration that failure to electronically transmit or transfer results of voting during the Presidential and National Assembly election on February 25, 2023, from the Polling Units to the INEC IReV portal before collation at the Ward Collection Center is a violation of the Electoral Act 2022 and Regulations made pursuant to the Act.
3. A declaration that failure of the Defendants to electronically transmit or transfer the results of the votes of the Presidential and National Assembly election held on February 25, 2023, from the polling units to the INEC IReV portal is a crime punishable under the electoral law.
4. An order compelling the 5th Defendant to take necessary action under the law to prosecute the 2nd to 4th Defendants for committing a criminal offence for not electronically transmit or transfer results of voting from the Polling Units to the INEC IReV portal as required by the Electoral Act and the INEC’s Regulations and Guideless for the Conduct of the 2023 elections.
5. Any other order the court may deem fit for fair and just determination of this suit in the present circumstances as the court may deem fit.

A date is yet to be assigned for the hearing of the matter.

The defendants in the case include the Independent National Electoral Commission, the chairman of the Independent National Electoral Commission, INEC Commissioners, 177,606 polling officers, and the Inspector General of Police.

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