The Presidential Election Petitions Tribunal (PEPT) has said that the Independent National Electoral Commission (INEC) has the discretion to determine the mode of election result transmission for the presidential election that was held on February 25, 2023, News About Nigeria, reports.
The PEPT, on Wednesday, said that the Electoral Act 2022 does not contain a mandatory provision for the electronic transmission of election results.
According to the five-member panel, led by Justice Haruna Tsammani, Sections 52 and 65 of the Electoral Act 2022, granted INEC the freedom to prescribe the method of transmitting election results during the poll.
The tribunal, therefore, dismissed the petition filed by the Labour Party and its presidential candidate, Peter Obi, to cancel the INEC’s result of the 2023 presidential election thereby annulling the victory of President Bola Tinubu of the All Progressives Congress.
Justice Tsammani further explained that there is no indication in the regulations that BVAS must electronically transmit polling unit results in the Electoral Act and INEC’s Regulations and Guidelines.
“There is no provision for the electronic transmission of election results in the Electoral Act 2022. It is at best optional.
“By the provision of Section 52 and Section 65 of the Electoral Act, INEC is at liberty to prescribe the manner in which result can be transmitted. INEC cannot be compelled to electronically transmit result,” the court held.
Before the election, INEC promised Nigerians that election results would be transmitted in real-time to its server for transparency’s sake. However, the body failed to do so during the presidential poll, much to the condemnation of Nigerians.
