Court dismisses LP suit, declares only INEC can determine mode of transmitting election results – Newstrends
Connect with us

Politics

Court dismisses LP suit, declares only INEC can determine mode of transmitting election results

Published

on

Peter Obi

A Federal High Court in Abuja has ruled that it is only the Independent National Electoral Commission (INEC) 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.

Before dismissing the suit, Justice Nwite held that the collating and transferring election results manually in the 2023 general elections is in line with 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 only defendant.

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

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

READ ALSO:

The judge 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 said 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 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.

“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 prescribed by the commission.

READ ALSO:

“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.”

“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.

INEC declared Bola Ahmed Tinubu as the winner of the February 25 presidential election, after he defeated Atiku Abubakar of the PDP and Peter Obi of the Labour Party.

Politics

6 Labour Party lawmakers defect to PDP

Published

on

6 Labour Party lawmakers defect to PDP

Six Labour Party (LP) members of the Enugu State House of Assembly have officially defected to the Peoples Democratic Party (PDP).

They made their defection known on Thursday in Enugu in a letter read by the Speaker, Chief Uche Ugwu, during plenary.

The defectors include the Majority Leader, Mr Johnson Ani (Enugu North); the Chief Whip, Mr Ejike Eze, (Igbo-Eze North 1); and the Deputy Chief Whip, Ms Princess Ugwu (Enugu South Rural).

Others are Mr Pius Ezugwu (Nsukka East); Mr Williams Amuka (Igbo-Etiti West); and Mr Osita Eze (Oji River).

The defectors, in the letters, said their defection was as a result of the existence of irreconcilable division, incessant crisis within the labour party at the national level and across all the state chapters.

They regretted that the party had evolved into perpetual discord with various factions embroiled in legal battles, which undermine its ability to effectively serve the interest of the people.

READ ALSO:

According to them, the Labour Party, once considered a beacon of hope for progressive ideas, have regrettably become synonymous with internal squabbles, thereby reducing its capacity to fulfil the aspirations of electorates.

They cited the cases of Mr Julius Abure and Mr Limido Apapa factions as well as the national treasurer as some of the divisions within the party.

They expressed the hope that the PDP would give them the platform to continue to serve the interests of their people and thanked the leaderships of Labour Party for their supports.

The defectors also acknowledge that the letters were sent to the office of the Speaker by themselves, adding that they would work wholeheartedly for the progress of their new party in Enugu State.

In his remark, the Speaker welcomed the defectors into the PDP and promised that they would be carried along in the legislative activities of the House.

With the defection, the PDP now had the majority in the House with 17 members while LP had only six members.

6 Labour Party lawmakers defect to PDP

Continue Reading

Politics

More drama at LP as BoT announces takeover

Published

on

More drama at LP as BoT announces takeover

  • NLC rejects Abure re-election
  • INEC disowns national convention

The Board of Trustees at the Labour Party says it has taken over the administration of the party, indicating a fresh trouble in the LP’s internal crisis.

This was announced on Thursday in a statement issued in Abuja by the party’s BoT Chairman, Sylvester Ejiofor.

He said the takeover of the party came after the expiration of Julius Abure’s tenure as LP’s national chairman

Abure was re-elected as chairman t the party’s national convention held in Nnewi, Anambra State, on Wednesday, amid leadership crisis.

All members of the National Working Committee were returned at the convention.

But the Nigeria Labour Congress (NLC) has described Abure’s re-election as “an illegality”.

The Independent National Electoral Commission (INEC) also disowned the exercise on the grounds that it did not monitor the national convention.

INEC spoke through Rotimi Oyekanmi, media aide to INEC chairman Mahmood Yakubu, in an interview with the News Agency of Nigeria (NAN).

The BoT’s statement read in part, “Following the expiration of the tenure in office of the immediate past National Working Committee of the LP headed by Mr. Julius Abure, the BoT, in line with the party’s constitution, has stepped in to steer the affairs of the LP.

“This step is to avoid any leadership vacuum in the LP.

“Furthermore, the BoT of the LP, in consultation with major stakeholders in the party, will soon communicate the processes for the conduct of an all-inclusive and expansive national convention of the LP.

“This is in line with the March 20, 2018 Federal High Court consent judgment delivered by Justice Gabriel Kolawole which recognised the Nigeria Labour Congress as the owners of the LP and mandated that an all-inclusive and expansive national convention of the LP be held.

“The decision of the BoT is also in furtherance of the agreement signed between the former national chairman of the LP, Mr. Julius Abure, and the NLC and the Trade Union Congress on June 27, 2022, which was mediated by the Independent National Electoral Commission.

“Unlike the charade that took place today in Nnewi and in tandem with the principles of popular democracy, the all-inclusive national convention will start with grassroots congresses at ward, local government, state and ultimately at the national level.

“This process will not leave any genuine member of LP out and will be held in the full view of the Independent National Electoral Commission, media, civil society, security agents, and the general public.”

The Abure-led executive of the party had not responded to the new development as noon on Thursday.

 

A chieftain of the party was quoted in a report by The PUNCH as saying it was a hatchet job.

“Since many of you journalists have been covering this party, have you heard anything about LP Board of Trustees before? It is non-existent.

“How can one Sylvester Ejiofor wake up one day, tag himself as BoT chairman, and issue a statement that he has taken over the affairs of the party? Let him come over to the secretariat and take over then.

“Too many people and mercenaries are just bent on causing conflict in the party,” he said.

 

 

Continue Reading

Politics

BREAKING: LP Re-elects Julius Abure As National Chairman

Published

on

Julius Abure, the national chairman of the Labour Party

BREAKING: LP Re-elects Julius Abure As National Chairman

The Labour Party (LP) has re-elected Julius Abure as its National Chairman for a second term in office.

Abure was re-elected by a unanimous affirmation of delegates at the party’s National Convention in Nnewi, Anambra State.

READ ALSO:

The Chairman of the National Convention and Deputy Governor of Abia State, Ikechukwu Emetu declared him the winner during the event attended by party leaders and members.

More to come…

Continue Reading

Trending

Skip to content