The Law is clear and the INEC CHAIRMAN or any other person making the argument are wrong to say that electronic transmission of results is not in the Electoral Act. Since it is provided for in the INEC GUIDELINES, made pursuant to the Electoral Act, which has force of law, any action taken contrary to same is void.

Hence, since the use of BVAS is contained in the INEC GUIDELINES made pursuant to the Electoral Act, it ought to have been complied with and failure to have complied with it ought to have consequences.

It was stated thus in ACTION ALLIANCE & ORS V. INEC (2019) LPELR-49364(CA), The law has firmly been settled beyond any peradventure that the guidelines issued by INEC are subsidiary legislation made pursuant to Section 153 of the principal Act, Electoral Act, 2010 (as amended) and therefore binding. In the circumstances Exhibits INEC 1 and INEC 2, have the force of law. The Appellants were therefore obliged to comply with the mandatory directives in the time table set out in Exhibit INEC 1. In NDP V INEC NWLR (PT 1319) 176 at 196, it was held that: "The time table is a guideline with the force of law. This is because any action taken outside the published time table is fatal to the Political party involved. The activities and the time schedule set out in the time table are not directory." "See also FALEKE VS. INEC (2016) 18 NWLR (part 1543) 61 at 157; SHINKAFI VS. YARI (2016) 7 NWLR (part 1511) 340; CPC V INEC (2011) 18 NWLR (part 1279) 493 AT 542; AGBALLAH V. CHIME (2009) 1 NWLR (part 1122) 373 at 459; KUBOR VS DICKSON (2013) 4 NWLR (part 1345) AT pp 574- 575 and P.P.A VS INEC (2010) 12 NWLR (part 1207) 70 at pp 105-107." Per TINUADE AKOMOLAFE-WILSON, JCA (Pp 36 - 37 Paras C - E)

Davidson DURU Esq.

They keep recycling and positioning themselves to be available to loot the country dry yet we keep supporting them. The cry of APC rigging is all in the air forgetting that the same people who mastered the act of rigging in PDP back then are now in APC so I wonder which change we were hoping for in the first place.