By Jude-Ken Ojinnaka
A Federal High Court sitting in Ikoyi, Lagos has ordered the Independent National Electoral Commission (INEC) to mandate the presiding officers of all polling units in the Lagos State governorship and House of Assembly to paste the publication of Results poster EC 60 E conspicuously at the polling units after completing the EC 8 A result sheet.
The court presided by Justice Peter Lifu JP further ordered INEC to electronically transmit or transfer the results of the polling units direct to the collation system and scanned copy of the EC 8 A to INEC Result Viewing Portal (IREV) immediately after the completion of all the polling units voting and result procedures.
The court made the order sequel to the application for Order of Mandamus and Extreme Urgency filed by the Labour Party and others seeking the court’s order compelling the Independent National Electoral Commission, its servants, agents, and privies to comply, enforce and abide by the provisions of Clause 37 of the Regulations and Guidelines for the Conduct of Elections 2022 for the governorship and House of Assembly elections in Lagos State on 11th of March, 2023 or any other date to be held.
The application was supported with an affidavit deposed to by Abass Ibrahim of 2488 Muri Okunola Street, Victoria Island Lagos, exhibits marked ‘A – H’ attached and written address signed by counsel to the plaintiffs/applicants, Abass Arisekola Ibrahim and filed at the Federal High Court Registry, Ikoyi on March 2, 2023.
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In opposition to the applicant’s Originating Summons, counsel to the Respondent (INEC) Jacinta Kelechi Ukaonu with Temitayo Dosunmu filed a 14 – Paragraphed counter affidavit with the written address. Counsel also filed a Notice of Preliminary Objection, both dated March 8 2023 with 7 – Paragraphed Affidavit in support, deposed to by Temitayo Dosunmu of 6 Birrel Avenue, Sabo Yaba, Lagos
After hearing P. Chinedu Dike Esq. with Nnamdi Nwode, counsel to the plaintiffs/ applicants move in terms of motion paper, and in opposition to the applicants’ Originating Summons by Kelechi Ukaonu, counsel to the Respondent, the presiding judge said: “Having carefully considered the application and submissions of both counsel, judgement is delivered this 8th day of March, 2023.
IT IS HEREBY ORDERED:
- That an Order of Mandamus is hereby granted compelling the Respondent (INEC) its servants, agents, privies:-
To comply, enforce, abide by the provisions of CLAUSE 37 of the Regulations And Guidelines for the Conduct of Elections Act 2022, for the conduct of governorship and House of Assembly elections in Lagos State on 11th March 2023 or any other date to be held, by mandating the presiding officers of ALL Polling Units to paste the publication of Results poster EC 60 E at the polling units conspicuously after completing the EC 8 A result sheet.
To comply and enforce the provisions of CLAUSE 38 of the Regulations and Guidelines for the Conduct of Elections Act 2022 for the Conduct of governorship and House of Assembly elections in Lagos State on 11th March, 2023 or any other date so fixed by mandating the presiding officers of ALL Polling Units to electronically transmit or transfer the results of the polling units direct to the collation system and scanned copy of the EC 8 A to Independent National Electoral Commission Result Viewing Portal (IREV) immediately after the completion of all the polling units voting and result procedures.
- That the Respondent is herein directed to observe, comply and enforce the provisions of Section 27(1) of the Electoral Act 2022 in the distribution of election materials during the conduct of governorship and House of Assembly elections in Lagos State on the 11th of March, 2023 or any other date by engaging the services of non-partisan independent, competent, reliable logistic entities or companies for the distribution of election materials and personnel.
3.That Reliefs (i), (ii) and (iv) fail as they do not qualify for the grant of a prerogative Writ of Mandamus under the Law.
The court order was issued at Lagos under the Hand of the Presiding Judge and the SEAL of the Honourable Court on the 8th day of March, 2023.
