Court Grants Labour Party’s Request on e-Transmission of Governorship Election Results in Lagos

*Orders INEC to use BVASWale Igbintade

Ahead of the weekend’s governorship and house of assembly elections, a Federal High Court in Lagos has granted an order mandating the Independent National Electoral Commission (INEC) and all the presiding officers of polling units to electronically transmit or transfer the result of the polling units direct to the collation system.

The court also ordered the electoral body to use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units’ voting and results procedures.
The court presided over by Justice Peter Lifu also ordered INEC to paste the publication of result poster EC60(E) of each polling unit conspicuously after completing the EC8A result sheet of the March 11 governorship election in Lagos State.
Justice Lifu made the above orders on Friday, sequel to a motion ex-parte marked: FHC/L/CS/370/2023 filed by Labour Party, its governorship candidate, Gbadebo Rhodes-Vivour, and 37 others.

Other applicants in the suit are Chukwunike James Onoosi; Wakwe John Victor; Omorodion Dorcas; Adeniyi Jarojo: Akinropo Abdullahi; Ezekiel Akintunde; Awe Dupe Adebola; Stella Osafile; Doherty David; Funke Awolowo; Ojora Ramon Aliu; Mr. O Ogunsanya; Oladele Egbeyalo; Okoya Mobolatan Asafa, among others.
 INEC is the only defendant in the suit.
The judge also made an order of mandamus compelling the INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act 2022 in the distribution of electoral materials during the conduct of the Lagos State governorship and House of Assembly election on March 11, 2023, by engaging the services of independent, competent, and reliable logistic companies who are nonpartisans or known supporters of any political party for the distribution of electoral materials and personnel.

The applicants, through their lawyer, Mr. Abass Arisekola Ibrahim, had approached the court by a motion ex-parte marked: FHC/L/CS/370/2023, seeking the following: “A declaration that the regulations and guidelines for the conduct of elections, 2022 made pursuant to Section 148 of the Electoral Act 2022 is constitutional, valid, lawful and ought to be strictly complied with for the conduct of the general election 2023.
“A declaration that the defendant and all its agents and/or their privies or any persons acting under their directions are bound to comply with and enforce the provision of Clause 37 of the regulations and guidelines for the conduct of elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on March 11, 2023, to wit: mandating the presiding officer of all polling unit to paste the publication of result poster EC60 (E) at the polling units conspicuously after completing the EC8A result sheet.

“A declaration that the defendant and its agents and their privies or any persons acting under their directions are bound to comply with and enforce the provision of clause 38 of the regulations and guidelines for the conduct of elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on  March 11, 2023, to wit: Mandating the presiding officer of all polling units to transmit or transfer the result of the polling units electronically, direct to the collation system and use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units’ voting and results procedures.

“A declaration that the defendant is bound to enforce the observance and compliance of Section 27(1) of the Electoral Act 2022 in the distribution of electoral materials during the conduct of the governorship and House of Assembly election in Lagos State on March 11, 202,3 by engaging the services of independent, competent, and reliable logistic companies who are nonpartisans or known supporters of any political party for the distribution of electoral materials and personnel.

“An order of mandamus directing and/or compelling the defendant and all its agents and/or their privies or any persons acting under their directions to comply with and enforce the provision of clause 37 of the regulations and guidelines for the conduct of elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on publication of result poster EC60(E) at the polling units conspicuously after completing the EC8A result sheet,
“An order of mandamus directing and compelling the defendant and all Its agents and their privies or any persons acting under their directions to comply with and enforce the provision of clause 38 of the regulations and guidelines for the conduct of elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on March 11, 2023, to wit: mandating the presiding officer of all polling units to transmit or transfer the result of the polling units electronically, direct to the collation system and use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IRev) immediately after the completion of all the polling units, voting and results procedures.

“An order of mandamus directing and/or completing the defendant to enforce the observance and compliance of Section 27(1) of the Electoral Act 2022 in the distribution of electoral materials during the conduct of the governorship and House of Assembly election in Lagos State on  March 11, 2023, by engaging the services of independent, competent, and reliable logistic companies who are nonpartisans or known supporters of any political for the distribution of electoral materials and personnel.”

The applicants supported the motion ex-parte with an affidavit deposed to by their lawyer and a written address also signed by their lawyer.
However, Justice Lifu ordered the applicants to serve the respondents with the order, including the necessary processes.

The matter has been adjourned till March 7 for the hearing of the substantive suit.