A former Nigerian Bar Association (NBA) president, Dr Olisa Agbakoba (SAN), has stated the Independent National Electoral Commission (INEC) can not forestall Nigerians and the media from publishing election outcomes already introduced at polling items.
Agbakoba argued that doing so would violate the constitutionally assured proper to freedom of expression.
The INEC chairman, Prof. Joash Amupitan (SAN), on twenty fourth September, 2026, whereas addressing the twenty fourth All Nigeria Editors Conference (ANEC) 2026) in Enugu, warned media organisations in opposition to privately publishing or amplifying collated election outcomes forward of the Commission’s official declarations.
Amupitan argued that such publications might confuse voters and undermine confidence within the electoral course of.
He additionally urged newsrooms to strengthen fact-checking and digital verification to fight election-related misinformation and AI-generated deepfakes.
But in his open letter dated 12 October 2026, to INEC Chairman Prof. Joash Amupitan (SAN), Agbakoba cited a 1984 Lagos State High Court judgment that upheld the media’s proper to publish lawfully obtained election outcomes.
He argued INEC’s unique authority to declare remaining outcomes doesn’t give the fee a monopoly over electoral info.
Agbakoba urged INEC to make sure public entry to polling-unit consequence sheets forward of the 2027 basic elections, together with paperwork uploaded to its Result Viewing Portal (IReV), so residents, journalists, political events and election observers can independently confirm and report the figures.
His intervention comes amid considerations in regards to the transparency of the electoral course of, notably the recording, transmission, collation and declaration of outcomes.
Agbakoba argued that Section 39(1) of the 1999 Constitution, as amended, ensures the appropriate to obtain and impart info and likewise helps residents’ and journalists’ potential to speak correct outcomes already made public.
He maintained that publishing figures from genuine polling-unit consequence sheets wouldn’t usurp INEC’s statutory duty to declare remaining outcomes.
In assist of his place, Agbakoba cited the 1984 case of Nigeria Union of Journalists and Others v. Inspector-General of Police and Others, Suit No. M/191/83.
In that case, the Lagos State High Court dominated in opposition to a directive proscribing the publication of election outcomes that had not been formally launched by the then Federal Electoral Commission.
Agbakoba stated the judgment distinguished between the electoral authority’s formal declaration of ultimate outcomes and the publication of preliminary outcomes already introduced at polling centres.
He argued that the precept stays related underneath the Electoral Act, 2026, and will information INEC’s strategy to public entry to electoral data throughout the upcoming elections.
“Access should be meaningful, not merely nominal,” he stated, warning that permitting Nigerians to view polling-unit consequence sheets whereas discouraging them from discussing, analysing or reporting the figures would defeat the aim of transparency.
Agbakoba additionally referred to as on INEC to determine clear procedures for promptly publishing verified polling-unit outcomes on IReV and resolving discrepancies between uploaded consequence sheets and figures recorded throughout collation.
He proposed that, the place possible, the fee set clear benchmarks to make sure verified outcomes can be found inside two hours of the shut of the polls or the completion of counting on the related stage.
The former NBA president stated well timed entry to verifiable data would permit residents and political events to independently evaluate outcomes, establish inconsistencies, and assess whether or not remaining declarations mirrored the votes recorded at polling items.
He added that clear publication of electoral data might construct public confidence, cut back avoidable disputes and restrict litigation arising from conflicting accounts of election outcomes.
Agbakoba confused that opening electoral data to impartial scrutiny would strengthen INEC’s credibility reasonably than undermine its authority.
He urged the fee to difficulty clear pointers on publishing and responsibly reporting election outcomes forward of the 2027 polls.
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