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Court says only INEC can determine mode of collating, transmitting election results

Published

1 week ago

March 10, 2023

A Federal High Court in Abuja has held that the Independent National Electoral Commission (INEC) is the only body that is empowered by law to determine the mode of collating and transmitting election results.

Justice Emeka Nwite, in a judgment, also held that it is only INEC that has the prerogative to direct how Polling Unit Presiding Officer should transfer election results, including the total number of accredited voters and results of the ballot.

Justice Nwite further held that the collating and transferring election results manually in the 2023 general elections cannot be said to be contrary to the relevant provisions of the Electoral Act, 2022.

The judgment was on a suit marked: FHC/ABJ/CS/1454/2022 filed by the Labour Party (LP), with INEC as the sole defendant.

LP had prayed the court to declare that INEC has no power to opt for manual method other than the electronic method provided for by the relevant provisions the Electoral Act, 2022.

It urged the court to issue an order directing compelling INEC to comply with the Electoral Act, 2022 on electronic transmission of result in the forthcoming general election.

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In the judgement he delivered on January 23, 2023 a copy of which The Nation sighted on Friday, Justice Nwite held that the plaintiff misconstrued the provisions of the law and proceeded to dismiss the suit.

He said: “From the argument of the learned plaintiff’s counsel, I am of the humble opinion that the bone of contention or the sections that seeks for interpretation are actually sections 50(2) 60(5) and 62(2) of the Electoral Act, 2922.

“Section 47(2) as cited by the learned counsel to the plaintiff only deals with accreditation of voters using a Smart Card Reader, but not collation or transmission of result as postulated by the learned counsel,” the judge held.

Justice Nwite noted that Section 60(5) of the Electoral Act, 2022 provides for the transfer of election result, including the total number of the accredited voters from the polling unit.

He also noted that Section 62(2) of the same Act provides for compilation, maintenance and continuous update of the register of election result as distinct database for all polling units’ results as collated in all elections conducted by the commission.

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Justice Nwite added: “The said Section 62(2) has mandated that such register of election results shall be kept in an electronic format by the commission at its national headquarters.

“Now a close reading of Section 50(2) of the Act has provided for voting and and transmission of result to be done in accordance wit the procedure to be determined by the commission.

“This is to say that the commission is at liberty to prescribe or choose the manner in which election results shall be transmitted.

“In same ambit, Section 60(5) empowered the Polling Unit Presiding Officer to transfer the election results, including the total number of accredited voters and results of the ballot in a manner to be prescribeg py the commission.

“This is also to say the commission is again at liberty to prescribe to the Polling Units’ Presiding Officer the manner in which to collate and transfer the election results as well as the accredited number of voters in an election under the Act.”

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“In view of the foregoing, can the act of the defendant (INEC) in collating and transferring election results manually in the forthcoming 2023 general elections be said to be contrary to the relevant provisions of the Electoral Act, 2022?

“The answer can only be in the negative as there is no where in the above cited sections where the commission or any of its Agents is mandated to only use an electronic means in collating or transferring of election result.

“If any, the commission is only mandated to collate and transfer election results and number of accredited voters in a way or manner deemed fit by it.

“In view of the above, I am finding that, by the provisions of Sections 50(2) and 60(5) of the Electoral Act, 2022 the correct interpretation of the said statutes is that the defendant (INEC) is at liberty to prescribe the manner in which election results could be transmitted and I so hold.

“Consequently this matter is hereby dismissed,” Justice Nwite said.

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Zulum reelected Borno governor

Published

37 mins ago

March 20, 2023

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Borno State Governor, Babagana Zulum has been reelected for a second term .

The candidate of the All Progressives Congress (APC) was declared the winner of the March 18 governorship election in the state having polled 545,542.

Zulum defeated his closest contender, Mohammed Jajari of the Peoples Democratic Party (PDP) who scored 82,147.

The result was announced by INEC Returning Officer, Jude Rabo on Monday afternoon.

So far, the results of 20 governorship polls have been announced. The APC takes the lead with 14 states, the PDP with five states and the New Nigeria Peoples Party (NNPP) with one state. The election in Kebbi was declared inconclusive by the electoral body while the collation of the results of governorship polls in Abia and Enugu was suspended.

Officially, nine of the 11 governors who sought reelection in the March 18 polls held across Nigeria in West Africa have been declared winners by INEC to return to office for another four-year term each.

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They include Zulum as well as Governor Babajide Sanwo-Olu of Lagos State, Governor Dapo Abiodun of Ogun State, Governor Seyi Makinde of Oyo State, Governor AbdulRahman AbdulRazaq of Kwara State, Governor Inuwa Yahaya of Gombe State, Governor Abdullahi Sule of Nasarawa State, Governor Bala Mohammed of Bauchi State and Governor Mai Mala Buni of Yobe State.

Of the 28 states, 11 serving governors sought reelection while 17 outgoing governors are in the final weeks of their constitutional two-term limits of eight years, having been sworn in on May 29, 2015.

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BREAKING: INEC declares Adamawa Gov election inconclusive, Fintiri, Binani in tight race

Published

44 mins ago

March 20, 2023

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The Independent National Electoral Commission (INEC) has declared the March 18 governorship election in Adamawa State inconclusive.

The candidate of the All Progressives Congress (APC) in the state, Senator Aishatu Dahiru famously known as Binani scored 390, 275 while the incumbent, Governor Ahmadu Fintiri, the Peoples Democratic Party (PDP) candidate, polled 421,524.

However, INEC declared the election inconclusive due to the margin of votes.

So far, the results of 20 governorship polls have been announced. The APC takes the lead with 14 states, the PDP with five states and the New Nigeria Peoples Party (NNPP) with one state. The election in Kebbi was similarly declared inconclusive by the electoral body while the collation of the results of governorship polls in Abia and Enugu was suspended.

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They are Governor Babagana Zulum of Borno State, Governor Babajide Sanwo-Olu of Lagos State, Governor Dapo Abiodun of Ogun State, Governor Seyi Makinde of Oyo State, Governor AbdulRahman AbdulRazaq of Kwara State, Governor Inuwa Yahaya of Gombe State, Governor Abdullahi Sule of Nasarawa State, Governor Bala Mohammed of Bauchi State and Governor Mai Mala Buni of Yobe State.

More to follow…

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Yusuf Abba: Kwankwaso’s PA, son-in-law who will be governor of Kano

Published

2 hours ago

March 20, 2023

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Yusuf Kabir Abba was declared the winner of the 2023 governorship election in Kano state on Monday. The flagbearer of the New Nigeria Peoples Party (NNPP) beat his arc-rival, Yusuf Gawuna of the All Progressives Congress (APC), to claim victory in the state.

From personal assistant to governor-elect — who is Yusuf Abba, the man who will become Kano governor?

Abba was born in the year Nigeria became a republic, in 1963. He was born on January 5, 1963 in Gaya LGA of Kano state. He would later attend Sumaila primary school and government secondary school Lautai in the old Kano state.

His secondary education was in Gumel LGA, which is now in Jigawa State. Upon graduation from government secondary school in 1980, he went on to the federal polytechnic, Mubi, where he obtained his national diploma in civil engineering in 1985.

He went on to specialise in water resources/environmental engineering in 1989 at Kaduna Polytechnic. Upon graduation, he served in the National Youth Service Corps (NYSC) at Kaduna Environmental Protection Agency from 1989 to 1990.

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QUICK FACT: On May 29, 2023, he will become the second Water Engineer to be governor of Kano state in the fourth republic.

GOVERNOR’S PA WHO WILL BECOME GOVERNOR

Abba might be the first personal assistant (PA) to a fourth republic governor to become governor. Abba served as PA to Rabiu Kwankwaso, the presidential candidate of the NNPP, while he was governor of Kano state from 1999 to 2003.

He also served in the same capacity and also as special assistant to Kwankwaso, in his role as minister of defence in the Olusegun Obasanjo cabinet from 2003 to 2007.

In a 2019 interview with Daily Trust, Abba said he served as PA to Kwankwaso for 12 years, from 1999 to 2011. In 2011, he served in Kwankwaso’s government as a private secretary to the government and was later appointed commissioner for works, housing and transport.

Abba has been with Kwankwaso for 37 years, serving in different capacities.

“Kwankwaso is my leader. I worked with Kwankwaso even when I was in the civil service in the state. I worked under him and have been with him for almost 33 years,” Abba said in 2019.

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“In all these years, he has been over and above me so I know him to be my leader, my oga! So people shouldn’t be surprised if I give him the utmost respect and utmost trust. I was his PA during his first tenure from 1999 to 2011”.

KWANKWASO’S SON-IN-LAW-TURNED AVENGER

In 2014, Kwankwaso supported his deputy, Abdullahi Ganduje, in becoming the governor of Kano state. In a few months after the election, both men fell out. Ganduje launched what became a clear attack on Kwankwaso and the Kwankwasiyya movement.

By 2019, Kwankwaso mobilised against Ganduje and supported Yusuf Abba in unseating Ganduje. Abba went on to win the election in the first round, but his victory was not to be as the Independent National Electoral Commission (INEC) declared a supplementary election in 28 of 44 local government areas in the state.

Following the conduct of the supplementary poll, Ganduje was declared the winner with less than 9,000 votes ahead of Abba, who had initially won with over 26,000 votes.

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Abba, who is also married to Kwankwaso’s niece, moved with Kwankwaso to the New Nigeria Peoples Party, where they both became flagbearers for presidential and gubernatorial elections. Both men won the elections in the state, but Kwankwaso lost the presidential poll.

As Kwankwaso’s loyalist and son-in-law, Abba will be putting an end to Ganduje’s reign in the state, with expectations that he would be avenging the Kwankwasiyya movement.

He has however said he will not be tied to Kwankwaso’s apron, but be a man for himself, stating that he will only take advice from the former governor.

“He will never interfere in my work. Secondly, if he interferes, in terms of advice, I know that where I go correctly he will encourage me to put in more and where I go wrong he will correct me and tell me what to do. But as far as issues of governance are concerned, believe me, sincerely he is not going to interfere,” he had said.