IReV Failure May Reduce Voters’ Confidence – S’Court Tells INEC

The Supreme Court says that the non-functioning of the Result Viewing (IReV) portal of the Independent National Electoral Commission (INEC) may reduce the confidence of the voting public in the electoral process.

Recall that Atiku and his Labour Party (LP)’s counterpart, Peter Obi, challenged the victory of the then candidate of the All Progressives Congress (APC), President Bola Tinubu, in the February 25, 2023 poll up to the apex court.

The two opposition parties said that they were not satisfied with the verdict of the Presidential Election Petition Tribunal (PEPT) earlier in September, Atiku and Obi approached the Supreme Court seeking the nullification of Tinubu’s election on the grounds of double nomination, alleged certificate forgery, non-transmission of results electronically, 25% votes in the Federal Capital Territory (FCT), amongst others.

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However, on Thursday, the apex court threw out all the appeals for lacking merit.

READ MORE: Supreme Court Affirms Tinubu’s Election Victory

“Truth must be told, the non-functioning of the IReV may also reduce confidence of the voting public in the electoral process,” Justice John Okoro said on Thursday while delivering the lead judgment in the appeal by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar.

He said by Section 135 (1) of the Electoral Act 2022, the election shall not be liable to be invalidated by reason of non-compliance of electronic transmission of results.

“From the provisions of the Act stated above, it is crystal clear that the petitioner (Atiku) seeking to nullify the election on the grounds of non-compliance must not only lead evidence to prove the non-compliance but most also show to the court how the non-compliance substantially affect the outcome of the election.

“The appellants abandoned the duties imposed on them to lead credible evidence to prove non-compliance but relied solely on the failure of the first respondent (INEC) to transmit results real-time to the IReV portal,” the justice said.

He said by Section 135 (1) of the Electoral Act 2022, the election shall not be liable to be invalidated by reason of non-compliance of electronic transmission of results.

“From the provisions of the Act stated above, it is crystal clear that the petitioner (Atiku) seeking to nullify the election on the grounds of non-compliance must not only lead evidence to prove the non-compliance but most also show to the court how the non-compliance substantially affect the outcome of the election.

“The appellants abandoned the duties imposed on them to lead credible evidence to prove non-compliance but relied solely on the failure of the first respondent (INEC) to transmit results real-time to the IReV portal,” the justice said.