The Federal High Court in Lagos has ordered the Independent National Electoral Commission (INEC) to use electronic transmission to upload the results of the forthcoming governorship and state House of Assembly elections in Lagos State.
This comes as a result of a suit filed by the Labour Party and 41 others, seeking an order of mandamus to compel INEC to comply with the Electoral Act and its guidelines for the conduct of the elections.
Justice Peter Lifu presided over the case and held that the court had the jurisdiction to entertain the suit because it was commenced in accordance with the provisions of the law.
He also clarified that the subject matter of the suit was not a pre-election issue because the reliefs sought by the applicants deal with preparation for elections and not the conduct of the elections.
According to Justice Lifu, the applicants were trying to compel INEC to comply with the Constitution, its regulations, and guidelines following its failure to do so during the presidential and National Assembly elections held on February 25.
Therefore, the court granted the applicants “an order of mandamus directing and compelling the defendant and all its agents and their privies or any persons acting under their directions to comply with and enforce the provision of Clause 37 of the Regulations and Guidelines for the Conduct of Elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on 11 March 2023.”
The judge’s ruling mandates that the Presiding Officer of all polling units in Lagos State must paste the Publication of Result Poster EC60(E) at the polling units conspicuously after completing the EC8A result sheet.
This ruling is a significant win for the Labour Party and 41 other applicants who filed the suit, as it ensures that INEC is held accountable and complies with the regulations and guidelines for conducting the governorship and House of Assembly elections in Lagos State.
This ruling is also a significant development in the Nigerian political landscape, as the use of electronic transmission is seen as a critical tool in promoting transparency, accountability, and credibility in the electoral process.
Electronic transmission of election results has been a topic of debate in Nigeria, with some arguing that it is not feasible due to the country’s inadequate infrastructure. However, this ruling shows that it is possible and should be adopted as a means of promoting free and fair elections in the country.
