BREAKING: What Supreme Court Said Concerning Unavailability Of Election Results On IReV As Ground For Election Nullification

BREAKING: What Supreme Court Said Concerning Unavailability Of Election Results On IReV As Ground For Election Nullification

On Thursday, the Supreme Court ruled that the absence of election results on the INEC Result Viewing (IReV) portal does not constitute grounds for the annulment of the February 2023 presidential election.

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Justice Inyang Okoro, leading a five-panel bench of Supreme Court justices, delivered the ruling in response to appeals filed by Peter Obi of the Labour Party (LP) and Atiku Abubakar of the Peoples Democratic Party (PDP).

They contested the decision of the Presidential Elections Petitions Court (PEPC), which had upheld Bola Tinubu’s victory in February.

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Justice Okoro emphasized that a petitioner seeking to invalidate an election must demonstrate that noncompliance significantly impacted the election. He noted that the appellants failed in their duty to prove noncompliance and instead relied solely on INEC’s inability to electronically transmit the election results to the IReV portal.

Furthermore, Justice Okoro pointed out that the Electoral Act grants INEC the authority to determine the mode of transmission of election results. He emphasized the need for a comprehensive interpretation of the constitution, one that serves the interests of the people and avoids narrow and self-serving approaches.

He concluded by acknowledging the merits of the appellants’ argument but ultimately dismissed it, highlighting that the decision of the PEPC stands.

“The interpretation of the constitution should serve the generality of the people Let me drive this matter home,” he said.

“Are saying that if a candidate scores majority votes across the country but fails to win the election in the Federal Capital Territory. Can’t the candidate be declared president?”

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