fergie001:


BVAS report is a secondary evidence and subject to human and network challenges like the Card Reader reports. It is of no fruition when faced with the primary evidence. What is this Primary evidence? (Will be explained later)..

These reports are been inputted by humans and the Supreme Court analysed wrt Card Reader Reports in Shinkafi V Yari, Otti V Ikpeazu & Okereke V Umahi that it is the maker of that document that will give probative value to same otherwise it is .of no moment.

The SC insisted that Card Reader is expected to aid the Voter's Register (in accreditation) and not to supplant Register... Section 49(2) of the EA 2010.

Back to BVAS and Osun
Now, the expert witness for the Petitioner (Oyetola & APC), Isiaka Olanrewaju admitted he analysed the BVAS report of 749 PUs and allegedly found over-voting took place. He also told the tribunal that he is aware that the BVAS reports is subject to network and human challenges.
https://www.google.com/amp/s/www.thisdaylive.com/index.php/2022/11/22/election-results-bvas-report-established-over-voting-for-adeleke-witness-tells-tribunal/amp/

Like INEC argued, the Commission said it didn't finish updating when Oyetola requested for the CTC, a day after the election and it was handed over to him 2 weeks after the election. In 2015 in Akwa Ibom State, it took over 7 weeks for this to be updated. Now, INEC said it has fully updated and the BVAS machine will be tendered in evidence as well.

EA 2022. S62
(2)The Commission shall compile, maintain and update, on a continuous basis, a register of election results......

Don't also forget BVAS report is a post-election procedure. It is a process that takes place after elections has been completely concluded not during. (EA 2022. S62(1-3))

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For Osun and 2023: The legal framework is based on three pillars: The Constitution, Electoral Act 2022 and INEC Regulations & Guidelines 2022.

1. You have a smart card reader or BVAS machine which authenticates your PVC. S47 EA 2022

2. After that your details must be checked, confirmed and ticked on the Voter's Register. (19e of INEC Regulations)

3. After the results are collated and announced at PU stage, results are entered into forms EC8A (signed, dated and stamped by PO).

4. No of persons accredited, failed ballots, results, etc are electronically transmitted to the collation centre and the IREV portal using the BVAS machine (they are stored therein as well

##. After which the BVAS machine and the original copy of Form EC8A are placed in tamperevident envelopes, and in company of the Security agents submitted to the RA and upwards it goes. (Section 38 of INEC Regulations).

1&2 happens during accreditation
3&4 happens during collation of results

To prove over-voting and/or accreditation issues, the BVAS reports will fail when faced with 1-4 above.

aiel123 engineerboat

Exactly on point.

The issue is that Oyetola Star witness is blanked out of what he is doing about the report

CrownLands:
Politics the Nigerian way is more like a comedy

Doesn't the certificate have a Serial/Examination Number?

Why can't the petitioners ask the court to compel the WAEC Board to produce a clearer copy from their files/archives?

It has been checked it returned no match found ! APC just wanted to follow the law to the later as to avoid technicalities pit fall