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Nairaland Forum / Nairaland / General / Politics / ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In (1680 Views)
INEC Is Not Mandated To Collate Or Transmit Results Electronically - Tribunal / Obi: Failure To Electronically Transmit Results Nullifies Presidential Election / Osun: INEC Not Bound To Electronically Transmit Results - Supreme Court Rules (2) (3) (4)
ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by suolboy(m): 2:14am On May 11, 2023 |
The dispute as to who is the duly elected governor of Osun state has finally been settled by the Supreme Court of Nigeria but with far-reaching implications Delivering judgment in the appeal filed by Gboyega Oyetola, candidate of the All Progressives Congress (APC), a five-member panel of the apex court affirmed the election of Ademola Adeleke as the governor. Among several issues raised by Oyetola and the APC, the focal point of their case was over-voting. They contended that the presiding officers who conducted the elections in 744 polling units across the state “did not comply with the Electoral Act, INEC regulations, guidelines and manuals in that they did not use the BVAS to accredit and verify voters in many of the polling units or did not properly accredit voters”. The resultant effect according to the appellant was that there was over-voting in that the number of votes recorded in the polling unit result sheet (form EC8A) were more than the number of voters accredited, verified and recorded in the BVAS of the corresponding polling units. However, the appellants failed to prove their case of over-voting. Notably, the apex court emphasised that there is no law that requires presiding officers to transmit by BVAS the number of accredited voters or accreditation of the polls to the database or backend server of INEC as claimed by the appellants. “Therefore, the case of the appellants that the presiding officers were bound to instantly or on-the-spot transmit the number of accredited voters in the BVAS to the backend server or database of INEC has no support,” Emmanuel Agim who read the lead judgment said. A federal high court in Abuja — in a January 23 ruling — dismissed a suit filed by the Labour Party (LP) seeking to compel the INEC to adopt an electronic method for transmitting 2023 election results. Emeka Nwite, presiding judge, held that the commission is at liberty to pick any method of transmitting election results. INEC DATABASE CANNOT PROVE OVER-VOTING The apex court in its judgment held that to prove the allegation of over-voting, a petitioner cannot rely on the INEC Result Viewing Portal (IReV) or information on INEC server or database. The BVAS, INEC voter register or form EC8A showing the number of votes cast at each polling unit are the only admissible evidence that can be used to ascertain over-voting. “Since the BVAS was the focal point and sole foundation of the appellant’s case, it was imperative that they produce the BVAS of the 744 polling units or a certified true copy (CTC) of the contents of the BVAS in evidence and show that the record therein established non-accreditation, improper accreditation and over-voting in the 744 polling unit,” the supreme court held. It is glaring that the appellant did not provide in evidence, any BVAS in any of the 744 polling unit, but rather sought to prove their case of wrong and improper accreditation and over-voting by means of a report of the examination of the INEC database or backend server containing the number of accredited voters and number of votes for each polling unit transmitted from the BVAS.” The court held that the information relied on by petitioners “is not a direct record of the number of accredited voters but is third-hand evidence derived from the database which is a second-hand evidence derived from transmissions from the BVAS.” The court also noted that the information at the backend saver might not be accurate because the BVAS may fail to transmit records for several reasons including poor internet connection, loss of battery power, failure of INEC official to properly press the submit button etc. Additionally, the court discountenanced the argument of the petitioners that the voters’ register is not relevant. Relying on INEC regulations for the conduct of elections and the Electoral Act, the court pointed out that the voters register is still relevant in voter accreditation and is to be used as well with the BVAS machine. “In the event of a conflict between the record of accredited voters in the BVAS and the ticked names of the registered voters due to human errors in the ticking of the names in the register of voters, the BVAS record shall be used,” it said. FUTURE IMPLICATIONS One of the many implications of the judgment is that any future petition brought on the grounds of INEC’s failure to transmit results cannot stand. One of the issues raised by Peter Obi, Labour Party candidate, in his petition challenging the election of Bola Tinubu as president is that the failure of INEC to promptly upload the results from polling units through BVAS to IReV portal on the day of the election invalidated the poll. Also, any petitioners alleging over-voting must be able to produce the BVAS, INEC voters register and or a certified true copy of an INEC certificate of that record for each polling unit “In the light of the foregoing, I hold that it is the record in the BVAS machine of the accredited voters or a certified true copy of an INEC certificate of that record for each polling unit that can prove the number of accredited voters in a polling unit on the day of election and nothing else,” the supreme court said. https://www.thecable.ng/icymi-inec-not-bound-to-electronically-transmit-results-says-supreme-court-in-osun-guber-case 2 Likes |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Koralords: 3:29am On May 11, 2023 |
In other words obi is wasting his time 6 Likes 5 Shares |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Natural2Heal: 4:01am On May 11, 2023 |
Then, Tinubu has a very high chance of winning at the tribunal. 5 Likes 3 Shares |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by OfoIgbo: 4:17am On May 11, 2023 |
Tinubu has no chance. Remember it's the same lawyer that successfully won the case for Adeleke, that is the lead counsel for Peter Obi. Obi's people already have the CTC of the results. Cool down 2 Likes |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Westerhoffe(m): 4:18am On May 11, 2023 |
Please can anyone confirm the attached picture? I found it on a post here on Nairaland. If you understand, say, "Yea!" If you don't understand, na you know. The "Yeas" have it.
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Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Karlovych: 4:24am On May 11, 2023 |
As a Yoruba man, I know that Obi won the election fair and square. Swearing in the cocaine smuggler will bring about irreversible curses upon the people responsible for this crime and their supporters This I have seen. 6 Likes |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by tunwumi: 4:42am On May 11, 2023 |
Karlovych: Prove you are not a bad***d mention your papa's name and family house and family tree. Not just the bogus "Yoruba man". 11 Likes 6 Shares |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Ofunaofu: 4:43am On May 11, 2023 |
These are beer parlour analysis. We are yet to see the certified true copy of the judgement. |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Ofunaofu: 4:46am On May 11, 2023 |
tunwumi: Why harassing that ndler Is it because he is not supporting Tinubu. There are many real omoluabi's who are not and will not support a Notorious narcotic drug trafficker parading himself as a President elect who engages in criminal state capture 3 Likes |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by tinsel: 4:49am On May 11, 2023 |
From the above, we can see that Obi and Atiku have no case in the tribunal. What they are doing is a mere waste of time and probably to continue giving their supporters hope especially the noisy Obidients. 5 Likes 2 Shares |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Natural2Heal: 4:53am On May 11, 2023 |
Ofunaofu: I don't think @tunwumi was harrasing him. He was very sure a yoruba son will not write such derogatory statements. No matter what, a bad son will not be thrown away into the gutter. Every tribes protect their own. Just like an akwa ibom man currently will not be against Akpabio becoming senate president and say such words on nairaland. I am Edo by the way. 2 Likes |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Highways: 4:54am On May 11, 2023 |
Agbado boys consolidation thread They have turned judge over night.... |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Ofunaofu: 5:00am On May 11, 2023 |
Natural2Heal: No true Yoruba son, I mean a real omoluabi will have anything to do with a character like Tinubu Tinubu is an impostor, Tinubu is not Yoruba. There are reports that he migrated from either of these two countries, Togo or Benin Republic 2 Likes |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Karlovych: 5:04am On May 11, 2023 |
tunwumi:I'm a Yoruba man, Balogun Olanrewaju is my name. This is my Twitter account below, after threatening Igbos while claiming to be a landlord in Lagos, I will go and start begging online
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Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Ofunaofu: 5:06am On May 11, 2023 |
tunwumi: Can you mention Tinubu father's name and family house tree 1 Like |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by tunwumi: 5:10am On May 11, 2023 |
Karlovych: You still didn't answer the question. Read again and answer. 1 Like 1 Share |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by tunwumi: 5:24am On May 11, 2023 |
Ofunaofu: You are still not answering the question. |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Ofunaofu: 5:25am On May 11, 2023 |
tunwumi: If you are a true Yoruba as you claim to be, mention Tinubu father's name and family tree |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by tunwumi: 5:27am On May 11, 2023 |
Ofunaofu: Take time to read. I didn't attack him I just requested for a simple detail and 😭 is flowing |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Ofunaofu: 5:29am On May 11, 2023 |
tunwumi: And I am now making that same request from you, if you are a true Yoruba son, mention Tinubu father's name and family tree |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by tunwumi: 5:30am On May 11, 2023 |
Ofunaofu: Try and read without emotional drift. You and your colleagues are the one making bogus claim. |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Ofunaofu: 5:39am On May 11, 2023 |
tunwumi: I make bogus claim, okay But answer the question, mention Tinubu father's name and family tree |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by DesChyko: 5:57am On May 11, 2023 |
tunwumi: Lead the way. Let's have your Papa's name, family house and family tree since you're trying to be clever by half. |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by mycar: 6:06am On May 11, 2023 |
suolboy: |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by jconsulting(f): 6:09am On May 11, 2023 |
Karlovych: When they say stop eating in your dreams you won't listen see the resultant effect. Check it very well a mad man is living in your house |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by drlateef: 6:15am On May 11, 2023 |
OfoIgbo: Even in the over 40,000 polling units that Obi had no agents? |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Orbhagbemi555: 6:33am On May 11, 2023 |
Get@w,,at p.i.g head |
Re: ICYMI: INEC Not Bound To Electronically Transmit Results, Says Supreme Court In by Phantom233: 9:10am On May 11, 2023 |
Nigerian laws always have a twist so that the Corrupt elements can use that to perpetuate their evil acts...why can't they make the transmission nof results a must to avoid all these stories? |
(1) (Reply)
BREAKING: Atiku Is Now In Possession Of Tinubu Academic Documents / Another Peter Obi Detractor Is About To Eat The Humble Pie. / can u imagine what NAIJA will be like?
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