INEC Can Amend Guidelines On E-Transmission Of Results – Appeal Court

INEC Can Amend Guidelines On E-Transmission Of Results – Appeal Court

The Court of Appeal in Lagos Division has ruled that the Independent National Electoral Commission (INEC) has the authority to amend or modify its regulations or guidelines.

This decision came as the court set aside the judgment of a Federal High Court, which had ordered INEC to directly and electronically upload election results for Governorship and State Assembly elections from polling units to the IREV platform.

The case was brought before the appellate court by the Labour Party, its governorship candidate, Gbadebo Rhodes-Vivour, and 41 others.

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However, the Court of Appeal deemed the suit an abuse of the court process. The presiding judge, Justice Abubakar Umar, along with two other panel members, Justice Olukayode Bada and Justice Onyekachi Otisi, held that the power to create regulations or guidelines inherently includes the authority to amend or vary them as necessary.

The lower court, presided over by Justice Peter Lifu, had previously issued an order of mandamus on March 8, 2023, to compel INEC to adhere to the Electoral Act and its guidelines during the elections.

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This included electronically transmitting election results from polling units to the collation center and using non-partisan logistics companies for distributing electoral materials.

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The All Progressives Congress (APC) and the Social Democratic Party (SDP) intervened as interested parties, seeking to set aside the lower court’s decision.

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The APC argued that the Labour Party had previously filed a similar suit against INEC in the Federal High Court, Abuja, leading to conflicting decisions.

The Court of Appeal, in its judgment, agreed with the APC’s argument that the Electoral Act grants INEC broad discretionary powers to determine how it conducts its duties, including the transmission of election results.

Therefore, Justice Lifu’s reliance on specific clauses of INEC’s regulations and guidelines was not justified, as the Electoral Act allows the commission to amend or modify these guidelines.

Furthermore, the Court of Appeal held that the lower court’s order of mandamus was not warranted, as issues regarding INEC’s alleged breach of regulations should be addressed by an election tribunal, not through a mandamus order.

Considering the previous ruling in the Federal High Court, Abuja, the appellate court found the case in Lagos to be an abuse of the court process.

Consequently, the Court of Appeal set aside the judgment of the lower court and dismissed the suit, declaring it an abuse of the court process. The respective parties were ordered to bear their costs.