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Court Dismisses Labour Party’s Suit, Rules That “Only INEC Can Determine Mode Of Collating, Transmitting Election Results”

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1 year ago

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A Federal High Court in Abuja has ruled that it is only the Independent National Electoral Commission (INEC) that is empowered by law to determine the mode of collating and transmitting election results.

Justice Emeka Nwite, in a judgment, also held that it is only INEC that has the prerogative to direct how Polling Unit Presiding Officer should transfer election results, including the total number of accredited voters and results of the ballot.

Before dismissing the suit, Justice Nwite held that the collating and transferring election results manually in the 2023 general elections is in line with the relevant provisions of the Electoral Act, 2022.

The judgment was on a suit marked: FHC/ABJ/CS/1454/2022 filed by the Labour Party (LP), with INEC as the only defendant.

LP had prayed the court to declare that INEC has no power to choose manual method other than the electronic method provided for by the relevant provisions the Electoral Act, 2022.

The Labour Party urged the court to issue an order directing INEC to comply with the Electoral Act, 2022 on electronic transmission of result in the forthcoming general election.

The judge said: “From the argument of the learned plaintiff’s counsel, I am of the humble opinion that the bone of contention or the sections that seeks for interpretation are actually sections 50(2) 60(5) and 62(2) of the Electoral Act, 2922.

“Section 47(2) as cited by the learned counsel to the plaintiff only deals with accreditation of voters using a Smart Card Reader, but not collation or transmission of result as postulated by the learned counsel,” the judge held.

Justice Nwite said that Section 60(5) of the Electoral Act, 2022 provides for the transfer of election result, including the total number of the accredited voters from the polling unit.

He noted that Section 62(2) of the same Act provides for compilation, maintenance and continuous update of the register of election result as distinct database for all polling units’ results as collated in all elections conducted by the commission.

“The said Section 62(2) has mandated that such register of election results shall be kept in an electronic format by the commission at its national headquarters.

“Now a close reading of Section 50(2) of the Act has provided for voting and and transmission of result to be done in accordance wit the procedure to be determined by the commission.

“This is to say that the commission is at liberty to prescribe or choose the manner in which election results shall be transmitted.

“In same ambit, Section 60(5) empowered the Polling Unit Presiding Officer to transfer the election results, including the total number of accredited voters and results of the ballot in a manner to be prescribed by the commission.

“This is also to say the commission is again at liberty to prescribe to the Polling Units’ Presiding Officer the manner in which to collate and transfer the election results as well as the accredited number of voters in an election under the Act.”

“In view of the foregoing, can the act of the defendant (INEC) in collating and transferring election results manually in the forthcoming 2023 general elections be said to be contrary to the relevant provisions of the Electoral Act, 2022?

“The answer can only be in the negative as there is no where in the above cited sections where the commission or any of its Agents is mandated to only use an electronic means in collating or transferring of election result.

“If any, the commission is only mandated to collate and transfer election results and number of accredited voters in a way or manner deemed fit by it.

“In view of the above, I am finding that, by the provisions of Sections 50(2) and 60(5) of the Electoral Act, 2022 the correct interpretation of the said statutes is that the defendant (INEC) is at liberty to prescribe the manner in which election results could be transmitted and I so hold.

“Consequently this matter is hereby dismissed,” Justice Nwite said.

INEC declared Bola Ahmed Tinubu as the winner of the February 25 presidential election, after he defeated Atiku Abubakar of the PDP and Peter Obi of the Labour Party.

READ ALSO: Peter Obi Heads To Court With Lawyers over INEC’s Refusal To Allow The Labour Party Inspect BVAS Machine and Other Materials used for the Presidential Election As Ordered By the Court

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“Fuel Subsidy Removal Was A Necessary Action To Prevent Nigeria From Going Bankrupt” – President Tinubu

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1 day ago

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April 29, 2024

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President Bola Ahmed Tinubu has said that fuel subsidy was removed to save Nigeria from going bankrupt.
In as much as the hardship in the country has taken a toll on both the rich and the poor, Especially the poor, President Tinubu has justification for the decision he took on fuel subsidy removal.

Speaking as one of the panelists at the ongoing World Economic Forum in Riyadh, Saudi Arabia on Sunday, April 28, Tinubu said he was convinced it was in the best interest of the people.

He said;

“For Nigeria, we are immensely consistent with belief that the economic collaboration and inclusiveness are necessary to engender stability in the rest of the world.

“Concerning the question of the subsidy removal, there is no doubt that it was a necessary action for my country not to go bankrupt, to reset the economy and pathway to growth.

“It is going to be difficult, but the hallmark of leadership is taking difficult decisions at the time it ought to be taken decisively. That was necessary for the country.

“Yes, there will be blowback, there is expectation that the difficulty in it will be felt by greater number of the people, but once I believe it is their interest that is the focus of the government, it is easier to manage and explain the difficulties.

“Along the line, there is a parallel arrangement to really cushion the effect of the subsidy removal on the vulnerable population of the country. We share the pain across board, we cannot but include those who are vulnerable.

“Luckily, we have a very vibrant youthful population interested in discoveries by themselves and they are highly ready for technology, good education committed to growth.

“We are able to manage that and partition the economic drawback and the fallout of subsidy removal.”

As a Nigerian citizen, what do you think about the Government’s decision to avert bankruptcy by removing fuel subsidy?

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Enugu State Government Flag Off Palliative Distribution In The State

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5 days ago

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April 25, 2024

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The Governor Of Enugu State, Peter Mbah has pioneered the distribution of food to the people of the state who are in dire need. He said this is in collaboration with the Federal Government to reduce the economic hardship in the country.

Via his social media platform, He wrote;

“Earlier today, we flagged off another round of palliative distribution in our state.

This is a collaborative effort between our administration and the federal government to cushion the effects of the economic hardship in the country.

I have directed the committee in charge of the palliative distribution to ensure that the items get to those in dire need of them.”

Here are pictures from the palliative distribution flag off.

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Governor Of Delta State, Sheriff Oborevwori Visits Fled Community Of Okuama, Calls Indigenes To Return Home

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1 week ago

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April 20, 2024

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Delta State Governor, Sheriff Oborevwori has visited Okuama with an assurance for the safe return of the indigenes who fled the community in the wake of the crisis that ensued in the month of March.

The Governor who was accompanied by some government officials, reiterated that innocent citizens would not be made to suffer for what they know nothing about.

Recall that seventeen officers and soldiers of the Nigerian Army were killed in Okuama community on the 14th of March, 2024, a development which made the people of the community to flee for fear of being attacked.

Recall we once reported how the stranded people of Okuama have been hiding and dwelling in the forest after the attack carried out the Nigerian soldiers who came for a peace call.
The Governor has now assured Indigenes to return as the community is safe for them.

The visit of the governor is coming one month after the killing of the military personnel.

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