October 26, 2023

Supreme Court upholds Appeal Court ruling on 25% FCT, IRev in favour of Tinubu 

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The Supreme Court has upheld the ruling by the Appeal Court that a candidate does not need to get at least 25% FCT (Federal Capital Territory) votes to be declared as the country’s president. 

While Atiku Abubakar of the Peoples Democratic Party (PDP) and Labour Party (LP)’s Peter Obi had wanted Tinubu’s win in February 2023 to be nullified on the ground that he did not get 25% FCT votes, the Appeal Court ruled that their petition was immaterial.

Justice Inyang Okoro led the panel of justices to determine Obi and Atiku’s appeal against Tinubu’s victory. 

Meanwhile, the Supreme Court also held that the failure of the Independent National Electoral Commission to electronically transmit the election results via the IReV portal does not affect the collation.

Justice John Okoro, noted that the Electoral Act empowers INEC to determine the mode of transmission of election results.

The justice said the appellants failed to prove noncompliance with the electoral law but relied solely on INEC’s inability to electronically transmit the election results to the INEC Results Viewing (IReV) portal.

On Thursday, the Supreme Court declared that the unavailability of election results on the INEC Result Viewing Portal (IReV) cannot serve as a basis for the annulment of the presidential election held in February 2023.

Justice Inyang Okoro, who led the panel of five Supreme Court justices, delivered the judgment in the appeals brought forth by Peter Obi of the Labour Party (LP) and Atiku Abubakar of the Peoples Democratic Party (PDP). These appeals contested the ruling of the Presidential Elections Petitions Court (PEPC), which affirmed Bola Tinubu’s victory in February.

“I agree with the lower court that the failure of INEC to electronically transmit the results does not affect the collation of results,” Justice Okoro said.