By Babalola Seyi
On Wednesday, the Federal High Court in Lagos ordered the Independent National Electoral Commission to immediately and electronically transfer the results of the upcoming gubernatorial and state House of Assembly elections in Lagos State from polling stations to the IReV.
Judge Peter Lifu issued the ruling while giving judgment on a complaint filed by the Labour Party and 41 others seeking a mandamus order compelling INEC to follow the Electoral Act and its guidelines for election conduct.
The judge determined that the court had jurisdiction to hear the case since it was filed in conformity with the law.
Judge further ruled that the suit’s subject matter was not a pre-election problem because the remedy sought by the petitioners dealt with election preparation rather than election behavior.
According to Judge Lifu, all the petitioners were attempting to do was compel the electoral body to comply with the Constitution, its norms, and instructions, after failing to do so during the presidential and National Assembly elections on February 25.
Therefore the court granted the applicants “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 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 11 March 2023, to wit: Mandating the Presiding Officer of all Polling Units to paste the Publication of Result Poster EC60(E) at the Polling Units conspicuously after completing the EC8A result sheet.”
