1984 JUDGMENT BACKS CITIZENS’ RIGHT TO PUBLISH ELECTION RESULTS —AGBAKOBA

Former President of the Nigerian Bar Association, Dr Olisa Agbakoba (SAN), has written to the Independent National Electoral Commission ahead of the 2027 general elections.

He urges the commission to clearly distinguish between its exclusive power to formally declare results and the constitutional right of citizens and the media to publish results already in the public domain.

The letter, dated October 12, 2026, argues that INEC’s authority should not be interpreted as a restriction on freedom of expression or the public’s right to access and share authentic electoral records .

THE DISTINCTION

Agbakoba drew a clear line between two separate concepts: the declaration of final results and the publication of results from polling units.

“While INEC retains its exclusive statutory responsibility for the formal declaration of results, nothing in that responsibility should be understood as prohibiting citizens or the media from reporting results that have been publicly announced at polling units or from publishing information contained in authentic INEC electoral records (Forms EC8A – EC8E), provided that such reporting is accurate and does not misrepresent the official records,” he wrote.

He argued that Section 25 of the Electoral Act 2026 must be read alongside Section 39(1) of the 1999 Constitution, which guarantees freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference .

THE 1984 JUDGMENT

Agbakoba cited a 1984 judgment by Justice Candide Johnson of the High Court of Lagos State in a case between the Nigeria Union of Journalists and the Inspector General of Police.

The court declared as unlawful and unconstitutional a directive by the Federal Electoral Commission warning the media not to publish election results that had not been officially released.

“That case decided exactly what I’m saying: that journalists have a right to publish results,” Agbakoba said in a separate television appearance.

“The only power that INEC has exclusively is to declare the results” .

He also noted that Section 124 of the Electoral Act penalises the publication of fake results, which implies that publishing genuine results is permitted .

THE WARNING TO POLITICAL PARTIES

Agbakoba went further, warning political parties that they must build their own independent results-gathering systems or stay off the ballot.

“If you’re not ready to monitor the elections right across Nigeria, don’t go on the ballot. Or don’t complain,” he said .

He criticised the common practice of parties going to court to ask judges to compel INEC to release results from its Result Viewing Portal, describing it as “lazy.”

Party agents already sign the polling unit result sheets, he said, and should hold those records themselves .

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He predicted that parties would use AI tools to pull results from IReV and produce faster tallies in 2027, and that such parallel compilations could pressure INEC to be more accurate because it would know it was being watched.

WHY IT MATTERS

The letter addresses one of the most contentious issues in Nigerian elections: who controls the narrative around results.

INEC has historically warned media organisations and citizens against publishing results before the commission makes its official declaration.

Agbakoba’s argument challenges that position, framing it as a violation of constitutional rights.I

If INEC accepts his interpretation, it could open the door for citizens and media to publish results from polling units in real time, creating a parallel record that could be used to challenge manipulation.

If INEC rejects it, the matter may end up in court, where the 1984 judgment would be the central precedent.

ValidViewNetwork reports that Agbakoba has written to INEC. The commission has not yet responded publicly.