By Daniel Edu

The Court of Appeal in Lagos State has nullified a previous decision by the Federal High Court that directed the Independent National Electoral Commission (INEC) to upload election results electronically.

In March 2023, the Labour Party (LP) obtained an order from the Federal High Court, requiring INEC to adhere to the Electoral Act and its guidelines. The court ordered INEC to display results at polling units and electronically transmit them to the collation center and INEC’s Results Viewing Portal.

The All Progressives Congress (APC) and the Social Democratic Party appealed the ruling, with the APC expressing concerns that the decision would affect its interests in the elections, despite not being a party in the original suit.

A three-man panel at the Court of Appeal, comprising Justice Abubakar Umar, Justice Olukayode Bada, and Justice Onyekachi Otisi, emphasized INEC’s discretion in determining result transmission methods.

The court also noted a similar lawsuit against INEC filed by the LP in Abuja, labeling the recent suit as an abuse of the court process.

The APC raised four key issues in its appeal, arguing that INEC has the discretion to choose the mode of election result transmission, and the lower court was wrong in mandating electronic transmission.

The Court of Appeal held that Sections 50(2) and 60(5) of the Electoral Act 2022 give INEC wide discretionary powers in determining result transmission methods.

The court concluded that the lower court’s order of mandamus cannot be granted to restrict INEC’s discretion, and the Electoral Act allows the commission to amend or vary its regulations.

Additionally, the court agreed with the APC’s argument that the suit in Lagos was an abuse of the court process and resolved the issues in favor of the APC.