Senator Jimoh Ibrahim, representing Ondo South Senatorial District, has clarified that the recent amendment to the Electoral Act by the Nigerian Senate was firmly anchored on an existing Supreme Court judgment, insisting that the legislature merely gave legal effect to the apex court’s decision.
Speaking at the University of Fortune, Igbotako, Ondo State, during a visit by Political Science scholars who came to congratulate him on his appointment as Ambassador-Designate, Senator Ibrahim said the controversy surrounding the amended Electoral Act was unnecessary and misplaced.
According to him, the Supreme Court had, in Atiku v. INEC (No. 2) delivered on December 29, 2023, conclusively resolved critical issues relating to the exercise of discretionary powers by the Independent National Electoral Commission (INEC), the validity of election results, locus standi, and the legal status of the INEC Result Viewing (IReV) Portal.
“The Supreme Court clearly indicated what should be captured in future legislation and provided a roadmap for the National Assembly to act at the appropriate time.
The Senate only implemented that historic judgment. We did nothing wrong; there is no fire anywhere,” Ibrahim stated.
He explained that the apex court clarified that the Electoral Act 2022 did not expressly mandate real-time electronic transmission of election results, thereby limiting INEC’s discretionary powers in that regard.
The Senator noted that the Senate merely codified this judicial clarification into law to eliminate ambiguity.
On the contentious IReV Portal, Ibrahim said the Supreme Court held that the platform is not legally recognised under the Electoral Act, describing it instead as an administrative tool deployed by INEC to aid its operations.
He added that the court was unequivocal in rejecting any manipulation of election results through technological means.
“The Court made it clear that where election results are compromised through technology, such conduct will not be accepted. The Senate respects this position and has ensured it is reflected in the law,” he said.
Senator Ibrahim further emphasised that under the amended Electoral Act, the failure or inability to upload results to the IReV Portal in real time does not invalidate an election or nullify the manual collation process, a position affirmed by the Supreme Court and now backed by statute.
He assured Nigerians that the Senate, under the leadership of its President, Senator Godswill Akpabio, remains committed to transparency and democratic accountability, stressing that the legislature continues to serve as a vital check on both the executive and the judiciary in line with the principle of separation of powers.
The lawmaker urged politicians to seek electoral victories through the support of voters rather than through legislative or judicial manoeuvres.
“If we do not respect the opinion of the Supreme Court,” Ibrahim asked, “who else do we respect?”
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