• Home
  • Agric
  • Sci & Tech
  • Health
  • Environment
  • Hausa News
  • More
    • Business/Banking & Finance
    • POLITICS
    • Entertainments & Sports
    • International
    • Investigation
    • Law & Human Rights
    • Africa
    • ACCOUNTABILITY/CORRUPTION
    • Hassan Gimba
    • Column
    • Prof. Jibrin Ibrahim
    • Prof. M.K. Othman
    • Defense/Security
    • Education
    • Energy/Electricity
    • Entertainment/Arts & Sports
    • Society and Lifestyle
    • Food & Agriculture
    • Health & Healthy Living
    • International News
    • Interviews
    • Investigation/Fact-Check
    • LAW & HUMAN RIGHTS
    • Oil & Gas/Mineral Resources
    • PRESS FREEDOM/JOURNALISM/PR
    • General News
    • Presidency
  • About Us
    • Contact Us
    • Board Of Advisory
    • Privacy Policy
    • Ethics Policy
    • Teamwork And Collaboration Policy
    • Fact-Checking Policy
    • Advertising
  • Media OutReach Newswire
    • Wire News
  • The Stories
Facebook Twitter Instagram
Trending
  • ECOWAS parliament to focus on renewable energy in West Africa
  • UNA signs MoU to launch air Bissau in Guinea-Bissau
  • Association raises alarm over job losses,rising costs in food sector
  • Nigerian army nabs 46 suspected illegal immigrants in Ogun
  • Young hairstylist nears Guinness record in Lagos
  • Gen. Rabe’s death: Probe trillions spent on defence, CISLAC urges FG
  • Wike loyalists inaugurate new PDP leaders in Sokoto
  • Agroforestry training empowers Djebonoua community
Facebook Twitter Instagram YouTube
AsheNewsAsheNews
  • Home
  • Agric

    Association raises alarm over job losses,rising costs in food sector

    June 15, 2026

    Flood threat sparks food crisis warning

    June 14, 2026

    Lagos faces sharp rise in ginger prices

    June 14, 2026

    Kebbi gov wife empowers 3,500 women farmers

    June 14, 2026

    NADF begins fertilizer distribution to farmers in South-West

    June 12, 2026
  • Sci & Tech

    NCDMB trains 160 youths in AI, data analytics

    June 12, 2026

    Stakeholders urge Nigeria to boost local food ingredient production

    June 10, 2026

    Perplexity AI locks in 2028 IPO date, won’t wait for Anthropic or OpenAI to market

    June 9, 2026

    Q4 2025: TikTok removes over 4m videos in Nigeria

    June 9, 2026

    NCC appoints princess Emiko as interim DBI chair

    June 9, 2026
  • Health

    NOA calls on Nigerians to donate blood

    June 14, 2026

    Nutrition key to sustaining blood donors, experts say

    June 14, 2026

    NiSPHFA shuts 15 private health facilities in Suleja

    June 14, 2026

    Nigeria among 62 countries hit by cuts in HIV prevention funding – UNAIDS

    June 13, 2026

    WHO calls for stronger blood system governance

    June 13, 2026
  • Environment

    UNA signs MoU to launch air Bissau in Guinea-Bissau

    June 15, 2026

    Agroforestry training empowers Djebonoua community

    June 14, 2026

    Jigawa to deploy 6 amphibious excavators to combat flooding

    June 14, 2026

    Ivory Coast loses 200,000 hectares of forest annually

    June 14, 2026

    FG reaffirms commitment to security, economy, democracy

    June 14, 2026
  • Hausa News

    UNA signs MoU to launch air Bissau in Guinea-Bissau

    June 15, 2026

    Otti plans 250-room 5-star hotel in Umuahia

    April 11, 2026

    Anti-quackery task force seals 4 fake hospitals in Rivers

    August 29, 2025

    [BIDIYO] Yadda na lashe gasa ta duniya a fannin Ingilishi – Rukayya ‘yar shekara 17

    August 6, 2025

    A Saka Baki, A Sasanta Saɓani Tsakanin ‘Yanjarida Da Liman, Daga Muhammad Sajo

    May 21, 2025
  • More
    1. Business/Banking & Finance
    2. POLITICS
    3. Entertainments & Sports
    4. International
    5. Investigation
    6. Law & Human Rights
    7. Africa
    8. ACCOUNTABILITY/CORRUPTION
    9. Hassan Gimba
    10. Column
    11. Prof. Jibrin Ibrahim
    12. Prof. M.K. Othman
    13. Defense/Security
    14. Education
    15. Energy/Electricity
    16. Entertainment/Arts & Sports
    17. Society and Lifestyle
    18. Food & Agriculture
    19. Health & Healthy Living
    20. International News
    21. Interviews
    22. Investigation/Fact-Check
    23. LAW & HUMAN RIGHTS
    24. Oil & Gas/Mineral Resources
    25. PRESS FREEDOM/JOURNALISM/PR
    26. General News
    27. Presidency
    Featured
    Recent

    ECOWAS parliament to focus on renewable energy in West Africa

    June 15, 2026

    UNA signs MoU to launch air Bissau in Guinea-Bissau

    June 15, 2026

    Association raises alarm over job losses,rising costs in food sector

    June 15, 2026
  • About Us
    1. Contact Us
    2. Board Of Advisory
    3. Privacy Policy
    4. Ethics Policy
    5. Teamwork And Collaboration Policy
    6. Fact-Checking Policy
    7. Advertising
    Featured
    Recent

    ECOWAS parliament to focus on renewable energy in West Africa

    June 15, 2026

    UNA signs MoU to launch air Bissau in Guinea-Bissau

    June 15, 2026

    Association raises alarm over job losses,rising costs in food sector

    June 15, 2026
  • Media OutReach Newswire
    • Wire News
  • The Stories
AsheNewsAsheNews
Home»Viewpoint»VIEWPOINT: Why it’s Statutory Obligation for INEC to Upload Election Results at Polling Units
Viewpoint

VIEWPOINT: Why it’s Statutory Obligation for INEC to Upload Election Results at Polling Units

EditorBy EditorMarch 1, 2023Updated:March 1, 2023No Comments4 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email

By Jibrin Samuel Okutepa SAN

There is no doubt that INEC is under a statutory obligation to transmit election results electronically. The starting point of the argument is section 38 of the Electoral Act 2022. That section which deals with the transmission of result at the polling units is crucial and it imposes a statutory obligations on the part of INEC to upload polling units results on its portal.

Before proceeding further, it is important to note that polling units results are the pyramid upon which other results are built. Therefore it is required that the moment polls come to a close and the results are declared, the results must be uploaded on INEC servers or portal.

Section 38 of the Electoral Act 2022 provides that: On completion of all the Polling Unit voting and results procedures, the Presiding Officer shall:

(i) Electronically transmit or transfer the result of the Polling Unit, direct to the collation system as prescribed by the Commission.

(ii) Use the BVAS to upload a scanned copy of the EC8A to the INEC Result Viewing Portal (IReV), as prescribed by the Commission.

(iii) Take the BVAS and the original copy of each of the forms in tamperevident envelope to the

Registration Area/Ward Collation Officer, in the company of Security Agents. The Polling Agents may accompany the Presiding Officer to the RA/Ward Collation Centre.

The word used in section 38 of the Electoral Act 2022 is shall. It is mandatory and compulsory. INEC has no option. So the failure to upload results and follow the procedures set out in section 38 of the Electoral Act 2022, is a fundamental breach that has the potential of rendering the election results that did not follow those procedures null and void.

The law is that where the law has set out the procedures to be followed, that procedures and no other must be followed.

The Supreme Court in many cases made this point very clear. In Dr Nwankwo & Ors vs. Yar’adua & Ors (2010) LPELR-2109(SC) at P. 42, paras. B-E the Supreme Court said: “I will touch even briefly, on the issue or principle in respect of the laid down procedure in a statute or Rules of Court which was also briefly discussed in Chief Okereke’s v. Yar’Adua & Ors. case (supra) @ page 238 – per Onnoghen, JSC. It is now firmly established that where a statute lays down a procedure for doing a thing, there should be no other method of doing it. See the cases of CCB Plc v. The Attorney-General of Anambra State (1992) 10 SCNJ 37 at 163; Buhari v. Yusuf (2003) 6 S.C. (pt.II) 156; (2003) 4 NWLR (Pt.841) 446 @ 492. In the case of Mr. Adesola v. Alhaji Abidoye & anor. (supra). Iguh JSC @ page 96 stated that, where a special statutory provision is laid down, that procedure, ought to be followed and complied with unless it is such that may be waived.

The argument that INEC guidelines has no force of law is idle and wayward arguments. There are many decisions of our courts on this. The law has firmly been settled beyond any peradventure that the guidelines issued by INEC are subsidiary legislation made pursuant to Section 153 of the principal Act, Electoral Act, 2010 (as amended) and therefore binding. In the circumstances Exhibits INEC 1 and INEC 2, have the force of law. The Appellants were therefore obliged to comply with the mandatory directives in the time table set out in Exhibit INEC 1. In NDP V INEC NWLR (PT 1319) 176 at 196, it was held that: “The time table is a guideline with the force of law. This is because any action taken outside the published time table is fatal to the Political party involved. The activities and the time schedule set out in the time table are not directory.”

“See also FALEKE VS. INEC (2016) 18 NWLR (Pt. 1543) 61 at 157; SHINKAFI VS. YARI (2016) 7 NWLR (part 1511) 340; CPC V INEC (2011) 18 NWLR (part 1279) 493 AT 542; AGBALLAH V. CHIME (2009) 1 NWLR (part 1122) 373 at 459; KUBOR VS DICKSON (2013) 4 NWLR (part 1345) AT pp 574- 575 and P.P.A VS INEC (2010) 12 NWLR (part 1207) 70 at pp 105-107.

This is not even the question of alterations of the results. It is a question of non-compliance with mandatory statutory provisions. The argument that it is only when the Chief Electoral Officer of the Federation announces the winner of the Presidential election that the results can be uploaded on the INEC portal cannot be correct. There must be uploading of results at the polling units after the polling officers had announced the winner at the polling units.

Okutepa is founding partner of J.S. Okutepa & Company

Share. Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Editor
  • Website

Related Posts

The expertise we cannot afford to waste, by Lanre Ogundipe

June 11, 2026

Stop religious blame — tackle Nigeria’s security crisis, By Lukman Raimi

June 7, 2026

Insecurity: Which narrative should we believe: Fulanisation or Islamisation?

June 7, 2026

Leave A Reply Cancel Reply

ECOWAS parliament to focus on renewable energy in West Africa

June 15, 2026

UNA signs MoU to launch air Bissau in Guinea-Bissau

June 15, 2026

Association raises alarm over job losses,rising costs in food sector

June 15, 2026

Nigerian army nabs 46 suspected illegal immigrants in Ogun

June 15, 2026
About Us
About Us

ASHENEWS (AsheNewsDaily.com), published by PenPlus Online Media Publishers, is an independent online newspaper. We report development news, especially on Agriculture, Science, Health and Environment as they affect the under-reported rural and urban poor.

We also conduct investigations, especially in the areas of ASHE, as well as other general interests, including corruption, human rights, illicit financial flows, and politics.

Contact Info:
  • 1st floor, Dogon Daji House, No. 5, Maiduguri Road, Sokoto
  • +234(0)7031140009
  • ashenewsdaily@gmail.com
Facebook Twitter Instagram Pinterest
© 2026 All Rights Reserved. ASHENEWS Daily Designed & Managed By DeedsTech

Type above and press Enter to search. Press Esc to cancel.