A Federal High Court sitting in Abuja, on Friday, March 17, 2023, ordered the Independent National Electoral Commission to electronically transmit Saturday’s governorship and Houses of Assembly election results in accordance with its regulations and guidelines.
In his judgment, Justice Obiora Egwuatu ordered INEC to use the Bimodal Voter Accreditation System (BVAS) to upload scanned copy of the form EC8A to the INEC Result Viewing Portal immediately after the completion of all the polling unit voting in Akwa Ibom.
The judge further directed INEC to conspicuously paste the publication of its result posters EC60(E) at polling units after completing the EC8A result sheets in the state.
Justice Egwuatu also ordered INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls in the state by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political party for the distribution of electoral materials and personnel.
The Court held that since INEC averred in its filed affidavit that it was aware of its responsibilities under the law and had not failed to carry them out, granting the prayers sought by the applicants would not do any harm to the Electoral body rather it would energise its performance.
Justice Egwuatu judgement followed a suit filed by the Labour Party and its governorship candidate in Akwa Ibom State, Mr. Uduakobong Udoh and 13 candidates for the State House of Assembly elections slated for March 18, 2023.
The applicants in their originating summons marked FHC/ABJ/CS/334/2023, dated and filed on March 15 by their legal counsel, Moses Usoh-Abia, sued INEC as the sole defendant and sought seven reliefs.
They prayed the court for an order of mandamus compelling INEC and all its agents to comply with and enforce the provision of Clause 37 of the Regulations and Guidelines for the Conduct for the March 18, elections in Akwa Ibom.
The plaintiffs prayed the court to also mandate the presiding officers of all polling units to conspicuously paste the publication of result posters EC460(E) at the polling units after completing the EC8A result sheets.
They also sought for an order of mandamus compelling INEC to mandate the presiding officers at all polling units in the state to electronically transmit or transfer the result of the polling units, direct to the collation system and use the Bimodal Voter Accreditation System to upload a scanned copy of the EC8A to INEC Result Viewing Portal immediately after the completion of all the polling units voting and result procedures.
They averred that this was in compliance with the provision of Clause 38 of the guidelines for the conduct of the polls.
They also prayed the Court for an order directing INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political party for the distribution of electoral materials and personnel, among other reliefs.
Justice Egwuatu on Wednesday, March 15, 2023 granted leave to the applicants to proceed with a judicial review, filed requisite motion and put INEC on notice, following an ex-parte motion moved by Usoh-Abia.
At the resume hearing on the matter on Friday, Usoh-Abia informed the Court that he complied with the earlier court order saying that their motion was served on INEC same Wednesday.
Usoh-Aba said in spite of the service of their process, INEC was not represented in court.
Justice Ugwuatu held he noticed INEC’s counter affidavit and a preliminary objection to the originating summons in the court file which was filed on Thursday.
At that point, Usoh-Abia said that even though they were yet to be served by the commission, he was however ready to proceed with the matter as a result of the urgency of the case, adding that the motion, dated March 15, had 26-paragrph affidavit with nine exhibits.
He therefore urged the court to direct INEC to comply with its regulations and guidelines of Clauses 37 and 38 on the conduct of the elections, saying that the order was necessary because INEC during the February 25, Presidential and National Assembly elections failed to transmit results of the elections in the state and across the country.
Usoh-Abia also argued that INEC created the regulations and guidelines pursuant to Section 148 and 60(5) of the Electoral Act, 2022 to guide the conduct of elections and collating of election result among others, stressing that the Commission’s refusal to comply with the law had resulted in serious prejudice; and foisted uncertainty and frustration on his clients at their various polling units and wards.
He further said that if the order was not granted, the same scenario would repeat itself in the Saturday, March 18, 2023 election.
However, INEC in its preliminary objection, declared that the suit was incompetent and that the court lacked jurisdiction to entertain it, adding that the applicants did not established a justifiable action against it.
The electoral body further said that the applicants acted in contravention of the practice direction by commencing the suit via originating summons.
After listening to the arguments, Justice Egwuatu said that he was satisfied that the applicants complied with the practice direction rules in the filing of their application, adding that he was satisfied that a cause of action had been established against INEC in the paragraphs of the applicants’ process.
Justice Ugwuatu accordingly, ordered INEC to direct all its presiding officers to comply with Clauses 37 and 38 of its regulations and guidelines for the conduct of Saturday, March 18, 2023 governorship and State Houses of Assembly elections in Akwa Ibom.
The trial judge further held that INEC had the legal duty to act in accordance with the law.
