The Federal High Court, Abuja, on Friday  ordered the Independent National Electoral Commission (INEC) to electronically transmit the results of Saturday’s governorship and House of Assembly election in Akwa Ibom State in accordance with its regulations and guidelines.

Justice Obiora Egwuatu, gave the order while delivering judgment in a suit filed by the Labour Party (LP) and its governorship candidate in Akwa Ibom, Uduakobong Udoh along with 13 candidates of the party for the House of Assembly elections in the state.

The plaintiffs, in the originating summons marked: FHC/ABJ/CS/334/2023 dated and filed on March 15 by their lawyer, Moses Usoh-Abia, had sued INEC as sole defendant.

The applicants, who sought seven reliefs, prayed the court for an order of mandamus compelling INEC and all its agents to comply with and enforce the provision of Clause 37 of the Regulations and Guidelines for the Conduct of the Saturday’s governorship and house of assembly elections in Akwa Ibom.

They also prayed the court to mandate the presiding officers of all polling units to conspicuously paste the publication of result posters EC460(E) at the polling units after completing the EC8A result sheets.

The plaintiffs had sought an order of mandamus to compel the  commission to mandate the presiding officers of all polling units in the state to electronically transmit or transfer the result of the polling units, direct to the collation system and use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units voting and results procedures.

They said this was in compliance with the provision of Clause 38 of the guidelines for the conduct of the polls.

The applicants equally prayed for an order directing INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political for the distribution of electoral materials and personnel, among other reliefs.

The lawyer urged the court to direct the electoral umpire to comply with its regulations and guidelines of Clauses 37 and 38 on the conduct of the elections.

He said the order was necessary because the commission, in the Feb. 25 Presidential and National Assembly polls, failed to transmit results of the elections in the state and across the country.

In a ruling on Friday, Justice Egwuatu, ordered INEC to direct all its presiding officers to comply with Clauses 37 and 38 of its regulations and guidelines for the conduct of tomorrow’s election in Akwa Ibom.

He also ordered the use of the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units voting and results’ procedures in Akwa Ibom.

The judge further directed the commission to conspicuously paste the publication of its result posters EC60(E) at polling units after completing the EC8A result sheets in the state.

He equally ordered INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls in the state by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political for the distribution of electoral materials and personnel.

Egwuatu held that since the electoral umpire averred in its filed affidavit that it was aware of its responsibilities under the law and had not failed to carry them out, granting the prayers sought by the applicants would not do any harm to the commission but instead, energise its performance.

He held that the commission had the legal duty to act in accordance with the law.

Recall that a Federal High Court sitting in Lagos had ordered the electronic transmission of results in a similar suit filed by the Labour Party members in Lagos State.