Election Nullification Not Based On IReV Result Availability – Supreme Court Rules

Supreme Court has ruled that the absence of election results on the INEC Result Viewing (IReV) portal is insufficient grounds for nullifying the 2023 presidential election.

Justice Inyang Okoro, leading a panel of five Supreme Court justices, delivered this ruling in response to appeals filed by Peter Obi of the Labour Party (LP) and Atiku Abubakar of the Peoples Democratic Party (PDP).

These appeals contested the decision of the Presidential Elections Petitions Court (PEPC) that upheld President Bola Tinubu‘s victory in February.

Justice Okoro emphasized that a petitioner seeking to nullify an election must demonstrate that noncompliance significantly impacted the election’s outcome.

He noted that the appellants failed to fulfill their duty of proving noncompliance and instead relied solely on INEC’s inability to electronically transmit election results to the IReV portal.

Justice Okoro highlighted that the Electoral Act grants INEC the authority to determine the mode of transmitting election results.

He stressed the importance of a comprehensive interpretation of the constitution, emphasizing that such an interpretation should be oriented toward the people’s interests and avoid a narrow and self-centered approach.

Justice Okoro further argued that the interpretation of the law should not lead to absurd outcomes. Ultimately, he found merit in the issues raised by the appellants and dismissed them. He pointed out that the decision of the PEPC is unavailable.

“The interpretation of the constitution should serve the generality of the people Let me drive this matter home,” he said.

The judge raised a thought-provoking question, saying, “Are saying that if a candidate scores majority votes across the country but fails to win the election in the Federal Capital Territory. Can’t the candidate be declared president?”

KanyiDaily had earlier reported that President Bola Tinubu, Atiku Abubakar, and Peter Obi were notably absent from the proceedings at the Supreme Court in Abuja today.