otokx:


Incredibly unbelievable, in my center, somewhere in Rivers State, the POs brought their polling boxes to the INEC office and submitted results with SCR to the Collation officers. Some of the POs were unable to operate their SCRs and the RACTECH guys were more interested in snapping the result sheet with their tabs. At no point was the issue of transmission of result mentioned. Even the use of SCR as a control for the result sheet was highly contested. If there was transmission some other place we are not aware.

Kenturkey048:
as in,the matter no clear me...I am not looking at this from the angle of Buhari and Atiku..

am only viewing from the transparency test of Inec..how them go say they no transmit results electrically or the RATECH guys assigned to pooling units all of a sudden turns illegal staff....we P.O called the result for them(RATECH) they did the transmission..

Daboomb:



What kind of P.O are you, if you dont know that is is prohibitted BY LAW and therefore illegal, to transmit election result ELECTRONICALLY.....even after your (INEC) Chairman said Servers have been taken offline, , just before the elections?x

l think all P.O's and RATECH like you who transmitted election result electronically, should write down their details, so INEC can give them COMPENSATION for a good job.

Kenturkey048:
senior,no server was shut down sir..the transmission was successful sir...you dear not leave the RAC as a P.O without completing your transmission sir.....

dadexcel:
.....so if the RATECH guys position is an illegal one yet appointed by inec , by this your assertion now that the election staff were all legal appointees which one do we now take and leave the other ....

Kenturkey048:
okay Sir....bye bye..

Kenturkey048:
"we are not aware"?

ORIENTATION101:
that's not the business of the Tribunal. The whole thing is not turning out to be a comic relief.las las lawyers must chop

decub:

It wouldn't also be wrong for us to understand the role of the RATECH employee so we can truly determine if he actually went beyond his scope of assigned duties; not just to swallow what INEC told us.

I appreciate your comment, but would appreciate it more if we can analyze without looking at the ethnic affiliation of the accused or defendant.

garfield1:

Nobody as far as no criminality was recorded.our laws doesn't spell out punitive measures for such.let atiku go and rest

garfield1:

Ratech trablnsmitting results is illegal

dadexcel:
.....ok..noted bro. In order words the INEC appointment letter for all RATECHS are illegal appointments...which still portends illegality and in law, you cannot achieve legality through illegal means ...so the entire election dutues carried out by these "illegal" INEC employees should be declared a nullity right?

lexy2014:


Y did buhari not rest in 2003,2007&2011 when he availed himself d same tribunal which atiku is availaing himself today? If people in INEC use their office to carry out what u call illegal acts, u mean that there are no laws that spell out punitive measures for so doing?

Daboomb:



What kind of P.O are you, if you dont know that is is prohibitted BY LAW and therefore illegal, to transmit election result ELECTRONICALLY.....even after your (INEC) Chairman said Servers have been taken offline, , just before the elections?x

l think all P.O's and RATECH like you who transmitted election result electronically, should write down their details, so INEC can give them COMPENSATION for a good job.

Daboomb:


Please now?

- Do you agree that it is the 2015 Electoral law that guided this 2019 election?

- Do you agree that that law PROHIBITS (makes it illegal) to transmit electoral Results by electronic means (SCR to Server)?

- Do you agree that INEC said, before the Election, that it will not be transmitting election results ELECTONICALLY, because Mr. president did not sign the amended Bill (which alows electronic transmission) into Law?

- Do you agree that anything done, that is prohibitted by LAW, is illegal, nul and void and of no-effect?

I agree with all your points, but that is only one angle to the whole issue, and that is the angle Buhari, APC and INEC will pursue.

I believe the endgame for Atiku in this is to prove that a server exists and was indeed used to collate results for the elections. With the EU and other reports alleging voter intimidation and suppression, the existence of a separate result which diverges substantially from the announced results throws the credibility of the whole process into doubt. This is what I believe atiku is trying to establish. Don't forget what just happened in Osun, the case was thrown out due to a technicality and not the substance of the electoral law itself. If they were to follow the electoral law alone, the minority judgment of the supreme court which said there is no need for a re-run would suffice. Let's see which angle the case would tend in the coming days. That's what would show where the tribunal will go to: whether credibility or legality

If you agree with all the above, then whatever anyone says concerning that past election, is NULL and VOID and of No-effect.
A Court does not give legality to actons that are Null and Void before the law, ab initio.

I dont know why most of the youngers ones of today (not all of them o) dont sit back and reason about an issue, apply the law and then see the outcome? They just like to argue blindly!
When they were arguing on the Adelek (Osun's case), l told them that his basis for going to court is faulty and he will lose, because he was not challenging the outcome of the election in his appeal, but was challenging whenther the "absence of one of the Appeal court's Electoral Appeal Judges" is not enough grounds to invalidate the judgement given.
Did he not lose?

As sure as daylight, Atiku has lost this case because he is anchoring his appeal on an illegality, something prohibitted by the Electoral Law 2015
Please bookmark my post, cross check when the judgement is delivered and you dont even need to thank me.

garfield1:

No.it is not a criminal offence or an infraction.moreover,tribunals deals with elections not crimes

Spallanzani:

What if INEC said they didn't utilize the server based on some technical glitches. This case will not see the light of the day. See I'm an IT expert and I know what I'm saying, infact I've worked and still work with different servers. There are alot of set back that won't allow centralized submission of the election results. The card reader was only used for accreditation not voting so how do you want to transmit result when the device wasn't used to vote?

Daboomb:


Honestly Sir, I am not partisan in this matter because l always look at issues from the pontof view of THE LAW (since it is the court that will decide eventually!).

I heard INEC Chairman issue a Press Statement that INEC SERVERS will be offline for the Presidential election and he gave two reasons.

1) Amended electoral Law which suggested electronic/Server use, hasnot been SIGNED into law by Mr. President

2) INEC has got wind that "some actors" have commissioned HACKERS to hack into the Server (reasoin Mr. President refuse to sign the Bill inot law) and manipulate the election result.

So, who is in the best position to know whether Server was shutdown, whether Server can be used and Whether Server can RECIEVE election Results electronically, than the INEC Chairman?

Mind you, if someone sent an Email to a Server tha is down, it will still say "SENT" but until the Server accepts it and send an "Acknowlegement Packet" (Network guys will understand this part).....the sent message is not declared as RECIEVED!
The sent message is just DISCARDED by the Network, after a few "unsucessful tries" to deliver it to the "offlined" Server.

Please just think about these points first, before you reply.

Edit: Let me also add that INEC has more than FIVE SERVERS for different roles like authentication of voters, computation of results, logistics, etc (though they are all on the same network and can communicate with each other).

The SERVER INEC shutdown was the one P.O's were initially supposed to send the election results to, if the "Amended Bill" has been sign into law
other Servers remain Online.
Also, if say for lack of communication, if a P.O still decides to transmit the results to the "Result Server", which has been taken offline, it will still say "SENT" but be assured that it was not delivered to any Server as that Server is unavailable...and it is still illegal, null and void

tuniski:

It is not prohibited please.

decub:

I think we also need to know what the electoral act says and whose information (combined) the Presiding officers depend on. If RATECH is not recognized by law, then who engaged them, and for what purpose? The whole thing is getting interesting cos it might dig up INEC loop holes.

Brightest04:
You can imaging how dumb these people are bring an unlawful witness to testify

Buckubuck:


You have been arguing intelligently before now. Don't add what is not there to it. INEC chairman never came out to say INEC Server will be shutdown. I'll like you to post a link of where he said that. Even till now, INEC is still denying the existence of the so-called server. So how can he shutdown what doesn't exist.
2. Buhari refused to sign the 2018 bill due to time constraint according to him. He said the elections were too close. So, I don't know where you got your theory of hackers from. It'll be good if you can provide a link as well.

Daboomb:


I am just surprised at how these people are jumping to coclusions.

Please help me confirm the following issues to them, they just cant seem to grab the issue at stake:

- There can be more than one Server, serving different purposes in an organisation.
- Election result Server, according to INEC Chairman, was put offline for the Presidential election (as usage will be illegal under the 2015 electoral Act)
- "SENDing" information and "DELIVERY/DELIVERED" of the same information are two different things and a lot of other things can happen in-betwen

- Election result can be "SENT" but the only way to CONFIRM it is delivered, is if an AKNPWLEGEMENT PACKET was sent to the Sender

- If a Server was downintentionally (Powered Down or just taken Offline) and you send information to it, it wont be DELIVERED to that Server.

- The Sender would still see SENT on their device, meanwhile, The SENT PACKETS will just be DISCARDED in due course.

The ignorance of most of these people that voted for Atiku and want him to win by all means, is legendary!

ORIENTATION101:
So this one of the witness Atiku lined up Ratech doesn't exist in electoral law. Atiku should stop the wild goose chase it is turning out to be comical

Daboomb:


Eeehm...Sir.
I heard it with my own ears Sir, a day or two before the election. (Server will be offline).
I also heard him (and l am sure you also did, that the Amended Electoral bill WAS NOT signed into Law by the President.

But if you still insist Sir, that he never said the Server will not be used as election wont, cant and must not be transmitted electronically to/through a Server, can l ask you Sir: What is the position of the Law used to conduct that Presidential election (2015 Elelctoral Act), in relation to the use of an Electronic Server?

In that answer lies the position of the INEC chairman.

INEC definitely has to deny the existence of "that Server" that Atiku said exists because to not do so it to "self convict" themselves that they broke the Elelctoral Act and to give credence to Atiku! Who does that?
It is the burden of the accuser, to provide the evidence to support your claim....you cant be asking the person you accused, to provide evidence to convict themselves, Sir

NB: I am trying to see if lcan still get the briefing (I heard it on TV).

teadrake:

I served as a presiding officer in the controversial election and I can tell you that it was our sole duty as P.Os to transmit the results obtained by each party electronically via the Smart card reader(I still have the code with me) RaTech had no business transmitting results whatsoever as it wasn't listed in their job description.
However,some of our colleagues,after the unimaginable stress couldn't proceed with it and left it with Ratech.
Admitting to transmitting the results by Ratech is unfortunate and won't hold substance.

Daboomb:


Sir,
Can l ask you, as a P.O: Which Law/Act are you aware, that was the guiding law, to the election you presided over.
If you are not aware of which one, that is okay as l am also aware that it is not your duty to bother with that part of the election, l just want to have your own opinion on the law.

Buckubuck:


I'll be waiting for your link but until you get that link, know that the position of INEC is that there is no server for collating results

Daboomb:


I will try my best to find it but should l not be successful, your position above that l highlighted, is the same as mine, the only possible difference is "The reason" adduced. (I hope l am correct in that assertion?)

So, technically, we both agree that INEC did not use (since there wasn't any Server for collating result) a Server to "electronically transmit" the election results (doing so will contravene the electoral act guiding that election).

INEC is not going to contravene the law and indict itself, just to please Atiku or make him win

Buckubuck:


P.Os do not operate with electoral laws. They work based on INEC guidelines given to them. Electoral law no concern PO or APO or RATECH. Also, note that the RATECH did not say he transmitted results. What he said is that[b] it is wrong for any APO to claim that results were not transmitted electronically cause that will mean he did not do his job as instructed by INEC[/b]

However, Buhari vetoed the bill, saying some of its provisions would cause confusion for INEC since the elections were too close for their implementation.

The source said while it was ready to transmit the results electronically, there were fears that the court could nullify them, if asked to, for violating the subsisting Electoral Act (2010), as amended.

However, he said he did not want to say much on the matter since it was part of the issues to be determined by the Presidential Election Tribunal.

The source said: “Yes, we have a server or website. We have a website for the registration of voters. We have a server for political parties’ registration where all data are stored. We also operated a pilot transmission of results in the Ondo and Osun State governorship elections.

“But all our efforts came to nothing with the president not signing the Electoral Act (Amendment Bill) in the twilight of our preparations for the elections. So, we consulted on what to do and we were advised to stick to the subsisting laws on the elections. This is because to insist on going ahead with the electronic transmission of election results could put the elections in great danger.

“Someone could go to court and say that we operated outside of the constitutionally-recognised rules of the elections. Someone could go to court and the elections would be declared null and void.”

muykem:
Your use of words is very uncivilized and lack decorum required in public discussions such as on nairaland. I don't join issue with people acting on emotion rather than fact and law. Guide your utterance next time. Thanks.

muykem:
Atiku lawyers are not doing well how will bring somebody that his role is not known to law as a prime witness.