A Federal High Court in Abuja dismissed a complaint filed by the Labour Party (LP) to compel the Independent National Electoral Commission (INEC) to use electronic means of sending election results in 2023.
In his judgement, the presiding court, Justice Emeka Nwite, concluded that Section 52(2) of the Electoral Act, 2022, referenced by the party’s counsel, Monday Mawah, called for voting and the transmission of results in accordance with the manner to be set by INEC.
According to the Court, INEC is free to prescribe or choose how election results are to be communicated.
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The LP had filed the originating summons, designated FHC/ABJ/CS/1454/2022, through its lawyer on August 22, 2022, to sue INEC as a solitary respondent.
The party sought the court to rule on whether the commission can continue insist on manual collation of results in general elections under the combined effect of sections 47 (2), 50 (2), 60(4), 60 (5), and 62 (1)(2) of the Election Act 2022, as well as other relevant legislation.
In the event that the question was decided in its favor, the LP sought two injunctive reliefs.
These include a “declaration that the respondent has no power to choose a manual method other than the electronic method provided for by the relevant provisions of the Electoral Act, 2022,” as well as an order compelling INEC to comply with the Electoral Act 2022 on electronic transmission of general election results.
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But, INEC did not respond or file any process in the suit.
Mawah said in his argument that, in light of the law’s provisions, manual collation of results was unfamiliar to the Election Act 2022 and hence must be rejected or denied by the court.
Justice Nwite while delivering the judgement said, “It is indeed a trite law that the function of the court is no more than interpreting the law.
“In interpreting the law, the court is enjoined to interpret the status as they are without going outside them to bring in what the court would think was intended.”
According to him, the court’s tasks, roles, and duties in interpreting a legislation are to give meaning and effect to the statute’s explicit and unambiguous wording.
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According to the judge’s assessment of the plaintiff’s counsel’s argument, the bone of contention or the portions requested interpretation for were Sections 50(2), 60(5), and 62(2) of the Election Act of 2022.
According to him: “The provision of Section 60(5) of the Electoral Act, 2022, as cited above has provided for the transfer of election results including the total number of the accredited voters from the polling unit.
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