The Supreme Court’s October 26, 2023, unanimous affirmation of President Bola Tinubu’s victory in the February 25, 2023, presidential election has become a pivotal reference point in the ongoing debate over mandatory electronic transmission of election results.
A seven-member panel led by Justice Inyang Okoro dismissed appeals filed by former Vice President Atiku Abubakar (PDP) and Peter Obi (LP) against the September 6, 2023, judgment of the Presidential Election Petition Court (PEPC), which had upheld INEC’s declaration of Tinubu (APC) as winner with 8,794,726 votes, ahead of Atiku (6,984,520) and Obi (6,101,533).
The apex court held that there was no mandatory provision in the Electoral Act 2022 requiring electronic transmission of results to the IReV portal. It ruled that the appellants failed to prove substantial non-compliance or that any alleged failure to transmit results affected the election outcome, citing Section 185(1) of the Evidence Act.
The court clarified that collation of results is distinct from uploading to IReV, noting that manual collation could proceed even if the portal failed. It acknowledged, however, that non-transmission denied voters real-time visibility and reduced public confidence in the process.
Justice Okoro’s lead judgment stated: “The truth must be told that the non-transmission of results to the IReV portal may also reduce the confidence of the voting population in the electoral process.”
The decision emphasised that duplicate hard copies and copies given to party agents and police provided alternative verification, and the absence of IReV uploads alone was insufficient to nullify the election.
Over two years later, the ruling continues to fuel demands for reform. Civil society groups, election observers, and opposition figures have cited the judgment as evidence that discretionary transmission leaves room for manipulation and erodes trust.
This has intensified calls to amend the Electoral Act to make real-time electronic transmission from polling units mandatory, with results uploaded to IReV for public verification before collation.
While the House of Representatives approved such amendments in the 2025-2026 electoral reform bill, the Senate rejected them after prolonged debate, retaining INEC’s existing discretionary powers.
The Senate’s decision has sparked widespread criticism, with stakeholders arguing that preserving the status quo risks further undermining credibility ahead of the 2027 general elections.
INEC Chairman Prof. Joash Amupitan has since reaffirmed the Commission’s commitment to electronic transmission and announced plans for a mock presidential election to test systems and build public confidence.
The Supreme Court’s 2023 verdict, while legally sustaining Tinubu’s victory, inadvertently became a catalyst for renewed agitation to close perceived loopholes through binding electronic safeguards in future polls.
