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The Supreme Court says the failure by the Independent National Electoral Commission to transmit election results electronically did not affect the outcome of the election and could not have warrantted the nullification of the result of the presidential election.

Justice John Okoro, made the pronouncement in a lead judgment on the appeal by former Vice President and Presidential candidate of the Peoples Democratic Party, Alhaji Atiku Abubakar; and that of the candidate of Labour Party, Peter Obi, seeking to nullify the February 25, presidential election of President Bola Tinubu.

Okoro also dismissed the issue of the 25 per cent requirement for Abuja, as a non-issue.

The Supreme Court on Thursday declared that the failure of IREV was not a ground for the nullification of the presidential election.

The court held that IREV failure did not stop the collation of the election.

Reading the judgment, Justice Inyang Okoro also declared that the failure to secure 25% of votes cast in the Federal Capital Territory (FCT) Abuja was not a basis for a candidate not to have been declared winner of the presidential election.


Justice Okoro declared the constitution was for everyone.

Justice Inyang Okoro stated that the constitution would have stated expressly that presidential candidate must win 25% of votes cast in FCT to be declared as president.


But the provision of the constitution, he said, did not give room for such.

The failure of President Bola Tinubu to secure 25% of votes in FCT was one of the grounds of appeal against Tinubu’s victory.


The apex court had earlier dismissed the appeal file by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, on the admission of fresh evidence.

The apex court held that it lacked jurisdiction to admit fresh evidence in the appeal of the judgement of the presidential election petition court [PEPC].

Justice Inyang Okoro said it could not revoke the constitution to allow Atiku and PDP to supply fresh evidence in the form of documents obtained from the Chicago State University on President Bola Tinubu’s academic records.

Justice Okoro noted that since the time for trial at the Court of Appeal had elapsed, the Supreme Court could not accept fresh evidence on appeal.


The Conclave

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