• 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
  • Examination misconduct: FUD expels 11 students, rusticates 23 others
  • El Niño may push 6m more into hunger across West, Central Africa – WFP
  • Ghana pushes to become sub-Saharan Africa’s vaccine manufacturing hub, NBA seeks stronger biosafety regulation
  • Adeleke drags EFCC to court over freezing of Osun government accounts
  • Withdrawal of COVID-19 forbearance pushes banks’ bad loans above CBN limit
  • Examination malpractice: WAEC withholds 167,486 WASSCE results
  • CBN: Naira FX gap falls below 2% as external reserves exceed $52.5bn
  • Sultan demands probe into alleged killing of Igbo Muslim army officer
Facebook Twitter Instagram YouTube
AsheNewsAsheNews
  • Home
  • Agric

    El Niño may push 6m more into hunger across West, Central Africa – WFP

    August 5, 2026

    Ghana cocoa output set to fall 16% in 2026/27 season, raising global price fears

    August 5, 2026

    Ginger project boosts farms, cuts child labour in Kaduna

    August 5, 2026

    Guinea insurance covers 50 farmer groups in 6 months

    August 5, 2026

    NADF trains 4,000 on agricultural mechanisation

    August 5, 2026
  • Sci & Tech

    Precision farming can boost Nigeria’s food output – Expert

    August 5, 2026

    NCC hands over digital facilities to Enugu govt

    August 5, 2026

    FG directs MDAs to comply with data protection act

    August 4, 2026

    FUTA, Cardiff Metropolitan University explore women’s role in human-centered AI

    August 1, 2026

    OpenAI: AI agent tried hacking 4 other services

    August 1, 2026
  • Health

    Ghana pushes to become sub-Saharan Africa’s vaccine manufacturing hub, NBA seeks stronger biosafety regulation

    August 5, 2026

    Free cataract surgery outreach set for Kebbi

    August 5, 2026

    UNFPA donates equipment for VVF treatment in Sokoto

    August 4, 2026

    Vet urges Nigerians to ignore rabies myths

    August 4, 2026

    Kano gov inaugurates new centre for disease control

    August 4, 2026
  • Environment

    El Niño may push 6m more into hunger across West, Central Africa – WFP

    August 5, 2026

    NiMet predicts thunderstorms, rains across Nigeria

    August 5, 2026

    Tinubu fulfils pledge on Kaduna-Birnin Gwari road – Emir

    August 5, 2026

    Lagos receives new pumps for Iju, Adiyan Waterworks

    August 4, 2026

    Oyo enforces mandatory waste bins from Sept 1

    August 4, 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

    Examination misconduct: FUD expels 11 students, rusticates 23 others

    August 5, 2026

    El Niño may push 6m more into hunger across West, Central Africa – WFP

    August 5, 2026

    Ghana pushes to become sub-Saharan Africa’s vaccine manufacturing hub, NBA seeks stronger biosafety regulation

    August 5, 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

    Examination misconduct: FUD expels 11 students, rusticates 23 others

    August 5, 2026

    El Niño may push 6m more into hunger across West, Central Africa – WFP

    August 5, 2026

    Ghana pushes to become sub-Saharan Africa’s vaccine manufacturing hub, NBA seeks stronger biosafety regulation

    August 5, 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

Yoruba can embrace Isese, Islam, and Christianity without hatred, by Bashir Adefaka

August 1, 2026

The unexplainable pains of defending Islam in a wicked world of enemies within and without: My Nigerian experience as a case study, by Bashir Adefaka

July 28, 2026

From ban to blueprint: Nigeria’s strategic shift on virtual assets, by Dr Tope Fasoranti

July 26, 2026

Leave A Reply Cancel Reply

Examination misconduct: FUD expels 11 students, rusticates 23 others

August 5, 2026

El Niño may push 6m more into hunger across West, Central Africa – WFP

August 5, 2026

Ghana pushes to become sub-Saharan Africa’s vaccine manufacturing hub, NBA seeks stronger biosafety regulation

August 5, 2026

Adeleke drags EFCC to court over freezing of Osun government accounts

August 5, 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.