On the issue of non-compliance with the Electoral Act & INEC Regulations & Guidelines, Justice Tsammani says the only technological device that is mandatory for INEC to use for the election is the Bimodal Voters Accreditation System (BVAS).
He adds that there is nothing in the regulation to show that the BVAS must electronically transmit polling unit results.
The tribunal also held that IREV is not a collation system, and the judgement in the case of Oyetola vs. INEC clearly supports this.
“There is no provision for the electronic transmission of election results in the Electoral Act 2022,” says Justice Tsammani. It is, at best, optional.
