NewStats: 3,261,584 , 8,174,429 topics. Date: Thursday, 29 May 2025 at 05:28 PM 2f723d

The dispute as to who is the duly elected governor of Osun state has finally been settled by the Supreme Court of Nigeria but with far-reaching implications

Delivering judgment in the appeal filed by Gboyega Oyetola, candidate of the All Progressives Congress (APC), a five-member of the apex court affirmed the election of Ademola Adeleke as the governor.

Among several issues raised by Oyetola and the APC, the focal point of their case was over-voting.

They contended that the presiding officers who conducted the elections in 744 polling units across the state “did not comply with the Electoral Act, INEC regulations, guidelines and manuals in that they did not use the BVAS to accredit and voters in many of the polling units or did not properly accredit voters”.


The resultant effect according to the appellant was that there was over-voting in that the number of votes recorded in the polling unit result sheet (form EC8A) were more than the number of voters accredited, verified and recorded in the BVAS of the corresponding polling units.

However, the appellants failed to prove their case of over-voting.

INEC IS NOT BOUND TO ELECTRONICALLY TRANSMIT RESULTS

Notably, the apex court emphasised that there is no law that requires presiding officers to transmit by BVAS the number of accredited voters or accreditation of the polls to the database or backend server of INEC as claimed by the appellants.

“Therefore, the case of the appellants that the presiding officers were bound to instantly or on-the-spot transmit the number of accredited voters in the BVAS to the backend server or database of INEC has no ,” Emmanuel Agim who read the lead judgment said.

A federal high court in Abuja — in a January 23 ruling — dismissed a suit filed by the Labour Party (LP) seeking to compel the INEC to adopt an electronic method for transmitting 2023 election results.

Emeka Nwite, presiding judge, held that the commission is at liberty to pick any method of transmitting election results.

INEC DATABASE CANNOT PROVE OVER-VOTING

The apex court in its judgment held that to prove the allegation of over-voting, a petitioner cannot rely on the INEC Result Viewing Portal (IReV) or information on INEC server or database.

The BVAS, INEC voter or form EC8A showing the number of votes cast at each polling unit are the only issible evidence that can be used to ascertain over-voting.

“Since the BVAS was the focal point and sole foundation of the appellant’s case, it was imperative that they produce the BVAS of the 744 polling units or a certified true copy (CTC) of the contents of the BVAS in evidence and show that the record therein established non-accreditation, improper accreditation and over-voting in the 744 polling unit,” the supreme court held.

It is glaring that the appellant did not provide in evidence, any BVAS in any of the 744 polling unit, but rather sought to prove their case of wrong and improper accreditation and over-voting by means of a report of the examination of the INEC database or backend server containing the number of accredited voters and number of votes for each polling unit transmitted from the BVAS.”

The court held that the information relied on by petitioners “is not a direct record of the number of accredited voters but is third-hand evidence derived from the database which is a second-hand evidence derived from transmissions from the BVAS.”

The court also noted that the information at the backend saver might not be accurate because the BVAS may fail to transmit records for several reasons including poor internet connection, loss of battery power, failure of INEC official to properly press the submit button etc.

Additionally, the court discountenanced the argument of the petitioners that the voters’ is not relevant.

Relying on INEC regulations for the conduct of elections and the Electoral Act, the court pointed out that the voters is still relevant in voter accreditation and is to be used as well with the BVAS machine.

“In the event of a conflict between the record of accredited voters in the BVAS and the ticked names of the ed voters due to human errors in the ticking of the names in the of voters, the BVAS record shall be used,” it said

FUTURE IMPLICATIONS

One of the many implications of the judgment is that any future petition brought on the grounds of INEC’s failure to transmit results cannot stand.

One of the issues raised by Peter Obi, Labour Party candidate, in his petition challenging the election of Bola Tinubu as president is that the failure of INEC to promptly the results from polling units through BVAS to IReV portal on the day of the election invalidated the poll.

Also, any petitioners alleging over-voting must be able to produce the BVAS, INEC voters and or a certified true copy of an INEC certificate of that record for each polling unit

“In the light of the foregoing, I hold that it is the record in the BVAS machine of the accredited voters or a certified true copy of an INEC certificate of that record for each polling unit that can prove the number of accredited voters in a polling unit on the day of election and nothing else,” the supreme court said.

https://www.thecable.ng/icymi-inec-not-bound-to-electronically-transmit-results-says-supreme-court-in-osun-guber-case/amp

From the above, we can see that Obi and Atiku have no case in the tribunal. What they are doing is a mere waste of time and probably to continue giving their ers hope especially the noisy Obidients.

These are beer parlour analysis, we are yet to get the CTC of the judgement


Are you aware of what is called emerging new facts

INEC is bound by the Electoral law and it's election guidelines to transmit results electronically. The INEC chairman made that point clear severally at different foras that the results of the 2023 general election, i.e polling units results will be transmitted electronically to the IREV real time on the election day

Time: 4.39am

These guys dont sleep, Obi's case is watery, Obi's case will be dismissed before 10.am, yet they do not sleep

manutdrichie:


Time: 4.39am

These guys dont sleep, Obi's case is watery, Obi's case will be dismissed before 10.am, yet they do not sleep

Why are you not asleep yourself?

Oluwole analyst. Pls don't waste your time reading this piece of shut. Headline is deceptive.

I've learnt not to be too hard on the wailers most especially the Obiends as they need our help.

My observations stems from the fact that these people are inherently frustrated from serial defeat & misjudgements. This has caused them to be chasing shadows all the time & giving solidity to mere whirlwind.

Obi case against the President-elect should be liken to Biafra port leading to nowhere!

Very intelligent judges at Supreme Court. I have always said it that the headless fowls employed by Obi and Atiku to hack the system will be checkmated by the courts. Dino Orubebe Melaye, see your life for outside. Awon hooligans who wants to be governor. I hope Kogi people get sense sha!

Odogwu bitters dey hungry me

Make them thrash the cases next week make we rest small.

The noise too much about Tinubu, Obi and Atiku.

The wicked runs when no one is chasing him.
Obi is coming

A win for pdp in Osun but the same yardstick will be used to decide the presidential election.. I see a big loss at tribunal for LP/PDP.

They are scared...............obi is coming

Ofunaofu:
These are beer parlour analysis, we are yet to get the CTC of the judgement


Are you aware of what is called emerging new facts

INEC is bound by the Electoral law and it's election guidelines to transmit results electronically. The INEC chairman made that point clear severally at different foras that the results of the 2023 general election, i.e polling units results will be transmitted electronically to the IREV real time on the election day

Boss what you call emerging facts must be back by law. Is there any law that says INEC must results immediately on the server? Even if the INEC chairman said so it is not in the electoral act or constitution so it’s not going to fly at the tribunal.
This judgement will be a precedent and it will be mentioned in the presidential election tribunal.

seanfer:


Boss what you called emerging facts must be back by law. Is there any law that says INEC must results immediately on the server?
This judgement will be a precedent and it will be mentioned in the presidential election tribunal.

Yes, the 2022 Electoral law and it's guidelines

Hehehe! Why are the APC and their e-rats so scared of their own shadow? This is how they have made brazen lies, deception, and propaganda official policies of government in a 21t century world.

Why is it that it is anything APC that have been speaking for INEC on the transmission of election results while the amended electoral Law have long bind into do so electronically. INEC have no choice about that.

Meanwhile INEC national went to Chatham House last year to reassure the whole world that it would ensure the electronic transmission of election results right from the voting Centre till the collation center. Hence when that failed to happen, Chatham House called out INEC with a screaming headline "INEC failed to abide to its own electoral guideline"

INEC have even issued a press release prior to the election to debunked the allegations that it won't transmit election results electronically. So why is the APC running like headless chickens trying in futility to defend INEC?

Why is the APC sore afraid of this concept that will enhance our electoral/democratic processes even in a 21st century world? They are also scare of live transmission of the tribunal proceeding. They must be under a spell.

We already told them so but they were insulting us because they lost

If INEC wishes they can even make elections manual their duty is just

to hold credible elections

Ofunaofu:


Yes, the 2022 Electoral law and it's guidelines

Please mention in the 2022 electoral act where it says results will be electronically transmitted. I’m awaiting.

Ofunaofu:


Yes, the 2022 Electoral law and it's guidelines

The Supreme had ruled on this matter. And you are still confusing yourself and giving yourself hope.

seanfer:


Please mention in the 2022 electoral act where it says results will be electronically transmitted. I’m awaiting.

E don Japa

seanfer:
Please mention in the 2022 electoral act where it says results will be electronically transmitted. I’m awaiting.

Go read this piece to educate yourself better oga. What Exactly Did The Electoral-Act-2022 Say About The Election Results.?

https://nairaland.unblockandhide.com/7593483/what-exactly-did-electoral-act-2022-say#121405981

seanfer:


Please mention in the 2022 electoral act where it says results will be electronically transmitted. I’m awaiting.

Section 60

And INEC guidelines

tinsel:

The Supreme had ruled on this matter. And you are still confusing yourself and giving yourself hope.

What was the ruling of the supreme court

Certified true copy, not beer parlour discussion

“Therefore, the case of the appellants that the presiding officers were bound to instantly or on-the-spot transmit the number of accredited voters in the BVAS to the backend server or database of INEC has no ,” Emmanuel Agim

Nothing else to add.

tinsel:
From the above, we can see that Obi and Atiku have no case in the tribunal. What they are doing is a mere waste of time and probably to continue giving their ers hope especially the noisy Obidients.

Why did you jump the following emphasis by the Apex Court as stated below?

The BVAS, INEC voter or form EC8A showing the number of votes cast at each polling unit are the only issible evidence that can be used to ascertain over-voting.

The Labour Party and PDP petitions are centered on BVAS not IREV.

Secondly, BVAS exposes Over voting while IREV exposes votes manipulation and reassignment and APC didn't contest vote reassignment as in the case with LabourParty petition

Racoon:
Go read this piece to educate yourself better oga. What Exactly Did The Electoral-Act-2022 Say About The Election Results.?

https://nairaland.unblockandhide.com/7593483/what-exactly-did-electoral-act-2022-say#121405981

Supreme has dispensed with this matter in their Osun judgement and this will henceforth become the reference point.

MadamExcellency:


Why did you jump the following emphasis by the Apex Court as stated below?

The BVAS, INEC voter or form EC8A showing the number of votes cast at each polling unit are the only issible evidence that can be used to ascertain over-voting.

Go read the judgement well again

Obituary done die

Ofunaofu:
These are beer parlour analysis, we are yet to get the CTC of the judgement


Are you aware of what is called emerging new facts

INEC is bound by the Electoral law and it's election guidelines to transmit results electronically. The INEC chairman made that point clear severally at different foras that the results of the 2023 general election, i.e polling units results will be transmitted electronically to the IREV real time on the election day

The court also noted that the information at the backend saver might not be accurate because the BVAS may fail to transmit records for several reasons including poor internet connection, loss of battery power, failure of INEC official to properly press the submit button etc. SJC Emmanuel Agim.

With the above, the non transmission of results immediately from the polling units to IREV is dead and buried. Case already resolved in favour of Tinubu even before the commencement of trial 🤣🤣🤣

MadamExcellency:


Why did you jump the following emphasis by the Apex Court as stated below?

The BVAS, INEC voter or form EC8A showing the number of votes cast at each polling unit are the only issible evidence that can be used to ascertain over-voting.

The Labour Party and PDP petitions are centered on BVAS not IREV.

Secondly, BVAS exposes Over voting while IREV exposes votes manipulation and reassignment and APC didn't contest vote reassignment as in the case with LabourParty petition

Hopefully, they will submit BVAS?