A faulty card reader cannot be a ground for invalidating an election, the court of Appeal in Lagos said yesterday.

The court held that the Electoral Act (2010) as amended does not recognise the malfunctioning of a card reader as one of the factors that can lead to the nullification of an election.

This, the appellate court held, is because the Electoral Act predates the introduction of the card reader.

The Court of Appeal stated this in a verdict on a cross-appeal filed by the All Progressives Congress (APC) challenging parts of the Governorship Election Tribunal’s verdict in the case of Jimi Agbaje versus Governor Akinwunmi Ambode and others.

APC  filed the cross-appeal  on two grounds. In the first ground, it said the tribunal erred in law when, having held that Paragraph 14 of Agbaje’s petition challenged Ambode’s nomination, went ahead to hold that it was a valid ground.

The party said any complaint about a pre-election issue falls within the jurisdiction of the Federal or Lagos State High Court, therefore, the tribunal ought to have declined jurisdiction.

The party also asked that Agbaje’s petition be struck out because its paragraph 13b which complained about faulty card readers did not qualify as a ground to challenge the April 11 election.

The Court of Appeal, in a judgment by Justice Obande Festus Ogbuinya, resolved the first issue in Agbaje and PDP’s favour, and the second issue in APC’s favour.

A copy of the judgment, delivered on August 26, was obtained by our correspondent yesterday. Other justices on the panel were A. J. Abdulkadir, Mohammed Danjuma, Emmenuel Agim and Saidu Hussaini.

Agbaje, the PDP, the Independent National Electoral Commission (INEC), Ambode and the Resident Electoral Commissioner (REC) were the cross-respondents.

The appellate court held that both the High Courts and the tribunal have concurrent jurisdiction over the issue of a candidate’s qualification/disqualification.

Justice Ogbuinyi held: “The cross-appellant (APC) implored this court to declare the paragraph 14 a pre-election matter cognisable only in the regular courts because it alluded to 21 days notice decreed in Section 85 (1) of the Electoral Act. The cross-appellant made heavy weather of this point.

“The paragraph 14 of the petition qualifies as a valid ground for querying the qualification of the fourth cross-respondent (Ambode) to contest the election.

“The trial tribunal is the forum competens for the first and second cross-respondents (Agbaje and PDP) to ventilate their grouse on his (Ambode’s) qualification/disqualification. Put simply, the trial tribunal was clothed with jurisdiction over paragraph 14 of the petition.

“In the end, I have no option than to resolve issue one against the cross-appellant and in favour of the first and second cross-respondents.”

Resolving the second issue in APC’s favour, the appellate court held: “The paragraph (13b) displays a vitriolic attack on the irregularities germinating from the improper or non-use of the smart card readers in the polling units.

“As it is, it has no life of its own as a ground. It endeavours to introduce the defects in the use of smart card readers. The evolution of the concept of smart card reader is a familiar one. It came to being during the last general election. On this score, it is a nascent procedure injected into our infant and fledgling electoral system to ensure credible and transparent election.

“The extant Electoral Act (2010) which predates the concept (of card reader) is not its parent or progenitor. Since it is not the progeny of the Electoral Act, fronting it as a ground to challenge any election does not have its (the Electoral Act’s) blessing, nay Section 138 (1) of it.

“Put simply, a petitioner cannot project the non-presence or improper use of smart card reader as a ground for questioning an election. It does not qualify as one.

“On the whole, having resolved the two issues for and against the cross-appellant, the fate of the cross-appeal is obvious. It is partially-meritorious and succeeds in part. Consequently, I allow the cross-appeal in part.

“Accordingly, I affirm the portion of the trial tribunal’s decision declaring paragraph 14 of the petition as competent and triable by it. I set aside its part of the decision which approved paragraph 13 (b) as a competent ground for presenting a petition.”

The Court of Appeal had upheld the Governorship Election Tribunal’s decision which struck out Agbaje’s petition and upheld Ambode’s victory.


http://thenationonlineng.net/appeal-court-faulty-card-reader-cant-invalidate-an-election/

Faulty card reader..the avenue to rig

Lalasticlala, do you agree with the judge?

What impact will this have on Rivers and Akwa Ibom petitions?

Dakuku comes to mind....lolz

Card Reader ko BVN ni?

More than half of 2015 frivolous election related cases before various state tribunals have been solved by this verdict from Court of Appeal (Lagos Division) expect if the judgement is overturned the Nigerian Supreme Court of Justice.

sunnyb0b0:
Lalasticlala, do you agree with the judge?

What impact will this have on Rivers and Akwa Ibom petitions?

In all honesty, no one can predict the outcomes of those two as no two matters are the same. Even if they were, the court has a way of 'distinguishing' between the two cases and deliver divergent judgment on two similar matters.

Hence, it's not yet sure for any of the parties.

ok Amechi u don hear now abi. let me see what they would say about rivers.

following

That's right

Serious talk

PDP should forget about Lagos. Jimi Agbaje is a good man, but associating with PDP is his biggest political blunder. Bode George and goons should relocate to the Ekiti or Ondo for all I care.
#awonwere #omoale #Tewonde #lagooners

Mawnin

PMB fighting corruption like an old soldier; blocking all bank transfer to abroad and a tough restriction on MoneyGram, one person can only send 921 dollars in every 3 months. Not considering international students who will pay school fees and businessmen. I believe the restrictions won't stop those big thieves but only making life difficult for ordinary people. These are not the change we voted for, you all know thieves go after them directly and stop making life difficult for other genuine citizens.

ok next

They are very right.

Mr Body Language

New Rigging strategy that no court of Law can stop unveiled.

BUT THEY ARE RESPONSIBLE FOR ELECTORAL FRAUD PERPETRATED DURING ELECTIONS

.

Legitbaba:
Dakuku comes to mind....lolz

u can say dat again....

na waoooh dz crd reader ehn

Issorait

.

O yea Dakuku.
its becoming a hopeless case

O yea Dakuku

Tee999:
PMB fighting corruption like an old soldier; blocking all bank transfer to abroad and a tough restriction on MoneyGram, one person can only send 921 dollars in every 3 months. Not considering international students who will pay school fees and businessmen. I believe the restrictions won't stop those big thieves but only making life difficult for ordinary people. These are not the change we voted for, you all know thieves go after them directly and stop making life difficult for other genuine citizens.

Please, stop derailing this thread. It is meant for intelligent discussions and not infantile tantrums.

If you disagree with the policies of the new government, you can write to the CBN, the Fed Ministry of Finance or the Presidency directly.

Thank you.