The Presidential Election Petitions Court on Wednesday ruled that the Electoral Act 2022 made no provision for electronic transmission of election results.
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Justice Haruna Tsammani, who led a five-man panel of Judges, noted that Bimodal Voter Accreditation System (BVAS ) was the only technological device that was mandatory for the Independent National Electoral Commission (INEC) to use for the 2023 election.
He argued that issue of non-compliance with the Electoral Act and INEC Regulations and Guidelines did not arise since there was nothing in the regulation to show that the BVAS must electronically transmit polling units results.
The INEC’s Results Viewing Portal (IReV), the Tribunal posited, was not a collation system, citing judgment in the case of Oyetola Vs INEC.
Said Justice Tsamani: “There is no provision for the electronic transmission of election results in the Electoral Act 2022. It is at best optional”.
Not satisfied with the INEC declaration of Tinubu as the winner of the 2023 presidential election, Alhaji Atiku Abubakar of PDP, Sir Peter Obi of LP and APM had approached the Tribunal, seeking the annulment of Tinubu’s victory, citing some anomalies in the election especially INEC “failure” to upload election results real time on its much publicized “Results Viewing Portal (IReV) in line with the provision of Section 60 of the Electoral Act 2022.