An Appeal Court sitting in Lagos has set aside a recent tribunal judgement ordering INEC to directly and electronically upload the election results of the Lagos Governorship and State Assembly elections from the polling units to the IREV.
The higher court presided over by Justice Abubakar Umar held that the Independent National Electoral Commission (INEC) can amend or vary its regulations or guidelines.
Umar noted strongly that; “It is my considered view that the power to make a regulation or guideline necessarily entails the power to amend or vary it, especially if it deems it necessary or exigencies warrant such.
“With due respect to the learned judge, an order of mandamus cannot be granted to fetter a discretion”.
Justice Peter Lifu of the lower court had on March 8, 2023 granted an order of mandamus to compel INEC to obey the Electoral Act and its guidelines for the transmission of elections results.