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The Card-reader Accreditation Process Is Unlawful According To The Electoral Act - Politics - Nairaland

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The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by BluntCrazeMan: 3:42am On Aug 24
A lot of Nigerians were so happy with the INEC’s introduction of the Electronic Accreditation Process using the Card-Reader devices.
In the General Elections of 2019, some Polling-units even adhered so strictly to the use of the Card-Reader, to the extent that many voters were denied their right of voting, just because the Card-Reader device didn't recognize their cards, or that it didn't authenticate their fingerprints.
In some other Polling-units where the Card-Reader devices didn't work, the Presiding Officers in such Polling-units reported on the Incidence-Forms that the Election in such Polling-units were cancelled due to non-usage of the Card-Reader device in such Polling-units, thereby denying all the persons who came out to vote in such Polling-units the right for their votes to be counted.
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But then, in some other Polling-units, the non-usage of the Card-Reader devices never affected the outcome of the elections. In fact, some Election Observers reports showed that in the 2019 Presidential Election, the percentage of the total number of “accredited voters” that were received from the Polling-units where there was No Card-Reader Information concerning the accreditation process, are More Than the total number of “accredited voters” that were received from the Polling-units where the Accreditation data are well (and accurately) captured in the Card-Reader devices.
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The reason why the Election Results were accepted and not cancelled due to the non-usage of the Card-Reader and the non-compliance to the Accreditation Data as obtained from the Electronic Accreditation using the Card-Reader devices was what continued to baffle lots of Nigerians, not until the Tribunal Judgement was given.
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According to the Tribunal Judgement, it was made very clear that, going by the current Electoral Act, the only acceptable tool for Accreditation in Elections is the Voters-Register Only, the Card-Reader is not to be used for any reason.
The Judgement maintained that the use of the Card-Reader devices was introduced by the INEC’s Manuals and Guidelines, and not the Electoral Act; and thus, the disobedience to the INEC’s Manuals and Guidelines does not amount to any Electoral offense and therefore cannot invalidate an election.
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This means that, for any petitioner to establish a case of over-voting where the number of votes exceeded the number of the actual Accredited Voters, or where the number of the declared Accredited Voters in the announced results are more than the actual Accredited Voters at the Polling-units, then the petitioner should apply for the “Certified True Copies” of all the Voters-Registers in all the Polling-units that he wanted to use to establish the case..
(That's definitely going to cost a very huge amount of money to procure).
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And then also, when it comes to establishing the case in the Tribunal, such petitioner should not just dump the documents at the tribunal and leave them there (just the way Atiku did in the 2019 tribunals), rather the maker of such documents (INEC in this case) should be invited to tender the whole documents and testify to its contents, and then, where mathematical calculations are involved, how the figures were arrived at must be demonstrated in the open court. The tribunal shouldn't be left to figure out the results by themselves in their chambers.
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by BluntCrazeMan: 3:43am On Aug 24
In a similar topic I created, I explained the whole processes a little bit further..
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See below:
https://www.nairaland.com/6705402/electronic-transmission-work-excellently-without
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by BluntCrazeMan: 3:44am On Aug 24
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CAN ELECTRONIC TRANSMISSION WORK EXCELLENTLY, EFFICIENTLY, AND EFFECTIVELY WELL IN NIGERIA WITHOUT THE USE OF THE MAIN ELECTRONIC VOTING METHODS ITSELF?

A lot of questions had been asked about the effectiveness of the Electronic Transmission:
“Whether excellent results can be achieved with the Electronic Transmission alone without being coupled with Electronic Voting.”
The reasons for such questions are not far fetched, being that the so-called results/figures that are to be transmitted electronically are to be keyed-in by the human electoral officers, instead of being automatically generated by the Electronic Voting Machines during the election process - that is, if the Electronic Voting is to be used in conjunction with the Electronic Transmission.
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In my own opinion, and by my own personal submission, I think that the method of voting by electronic means is not really very necessary for Electronic Transmission to be effective as long as the accreditation/authentication process for the individual voters is first made to be very effective.
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The main Electronic Voting itself involves the consideration of a whole lot of other complicated variables, and thus, it might not be feasible anytime in the nearest future.
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Meanwhile, the Electronic Transmssion is very feasible at the moment, and the most important ingredient for Electronic Transmission to be effectively and efficiently achieved is “The Compulsory Electronic Accreditation/Authentication using the INEC’s available Electronic Means”.
It means that, the Electronic Accreditation/Authentication shouldn't be an “option” for accreditation, but rather a necessity.

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As at the moment, (according to the current Electoral Act 2010), the only acceptable tool for Accreditation in Elections is the Voters-Register. YES.. Those bunch of papers which contains the information of the registered voters.
The Card-Reader is not acceptable under the current Electoral Act, and thus the non-use of the Card-Reader cannot invalidate an election. (As could be seen seen in the tribunal case of Atiku-vs-Buhari-2019. Pgs-174-&-175).
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This means, for any petitioner to establish a case of over-voting where the number of votes exceeded the number of the actual Accredited Voters, or where the number of the declared Accredited Voters in the announced results are more than the actual Accredited Voters, the petitioner should apply for the “Certified True Copies” of all the Voters-Registers in all the Polling-units that he wanted to use to establish the case..
(That's definitely going to cost a very huge amount of money to procure).
..
And then, in establishing the case, such petitioner should not just dump the documents at the tribunal and leave them there (just the way Atiku Did in the 2019 tribunals), rather the maker of such documents (INEC in this case) should be invited to tender the whole documents and testify to its contents, and then, where mathematical calculations are involved, how the figures were arrived at must be demonstrated in the open court. The tribunal shouldn't be left to figure out the results by themselves in their chambers. (Pg.279-&-280 of the tribunal case between Atiku-&-Buhari-2019.)
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The funniest thing at the moment is that; the supposed amendment of the Electoral Act (which is currently ongoing) didn't make the Electronic Accreditation/Authentication a compulsory neccesity for the elections.
Therefore, some people can still abandon the use of the Card-Reader comfortably in their stronghold areas, and still win their cases in the tribunals.
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But with the Electronic Accreditation/Authentication which are automatically generated and not keyed in manually by any official, it would also serve as a checking tool, and once there a “keying in” of improper figures by the election officials, it would be easily be flagged red.
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Another All-important Aspect towards an effective Electronic Transmission is “making the whole results readily and publicly available immediately the final results are declared.”
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With the Electronic Transmission, once the elections are concluded, the results would always be ready immediately the results are announced, and thus, they are supposed to be made public on the INEC’s Website and Virtual-Results Portal.
This alone should even be one of the main advantages of the Electronic-Transmission.
That is, the quick publishing of the whole election results.
(Including all the lower-levels collated results, and all the Polling-units Results too... As well as all the Cancelled Polling-units and the Number of Registered Voters that are affected by the Cancelled Polling-units. This is Very Important)

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Thus, My Verdict Is Very Simple And Clear....
Electronic Transmission can be excellently, efficiently, and effectively achieved if (and only if) the Electronic Accreditation/Authentication is made a compulsory neccesity, and not an optional process in our elections.
The use of the manual Voters-Registers should be discontinued, and should never even be an option even in places where the Electronic Accreditation/Authentication did not work.

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(Meanwhile, here is the link to the pdf-copy of the judgement of the presidential election tribunal 2019 between Atiku-and-Buhari.,, for those that might want to take a look at the pages that were mentioned in the comments above.)
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https://ptacademyng.com/docs/Presidential%20Election%20Tribunal%20judgement.pdf
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by BluntCrazeMan: 3:56am On Aug 24
@Barcaboi, read the posts above in order to understand my point of view better.
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barcaboi:


If you voted last election you’d realise accreditation was by card reader; then names are crosschecked on register sheet to be sure. Before papers are given to be voted. In cases card readers didn’t show the name; the register sheet is used.

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@Barcaboi..
If you followed the Atiku-Vs-Buhari Tribunal cases of 2019 very well, the Card-Reader Accreditation process was not used in a lot of Polling-units across the nation, and the Atiku-Team wanted the court to nullify all those Polling-units where there were no Accreditation data from the Card-Reader (and in some other Polling-units where the Card-Reader Accreditation data revealed that there was serious over-voting).. But the Judgement of the Tribunal ruled that the Card-Reader Accreditation is not yet an acceptable electoral process according to the current Electoral Act, and that the only tool through which a petitioner can establish any claims of over-voting and any claims of manipulations in the accreditation data is only through the Voters-Registers.. The Judgement ruled that the use of the Card-Reader is very commendable though, but then, it is not yet recognised by the current Electoral Act.
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So my dear, a lot of things are happening.
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by BluntCrazeMan: 4:02am On Aug 24
Now, coming back to the Anambra-Election-2021.....
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It is very clear that the use of Card-Reader for the purpose of Accreditation is not backed by the law; therefore it is an unlawful process.
Therefore, a lot of Polling-units in the upcoming Anambra Election are Not going to use the Card-Reader device (or even the INEC’s Z-Pad) for anything, and there is nothing anybody can do about it.
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It's only when these INEC’s recent technological advancements are fully and compulsorily backed by the Electoral Act, that would be the only time that the use of the Card-Reader device becomes Lawful.
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by tk4rd: 6:44am On Aug 24
The card reader technology has come to stay..
That's all we know.
More technologies are coming.
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Lalasticlala,
Seun
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by tk4rd: 6:44am On Aug 24
Mynd44
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by tk4rd: 6:44am On Aug 24
Dominique
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by BluntCrazeMan: 7:03am On Aug 24
tk4rd:
The card reader technology has come to stay..
That's all we know.
More technologies are coming.
..
Lalasticlala,
Seun
It's not just by saying, or by online typing.
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IT IS BY ELECTORAL ACT AMENDMENT.
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I can proudly say that more than 70% of Nigerians are not aware that the main reason Atiku lost at the Tribunals was because of the Card-Reader Accreditation not being backed by the law.
And also, that more than 80% of Nigerians thought Atiku lost at the Tribunals because he thought there was some INEC Servers somewhere.
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by barcaboi(m): 7:23am On Aug 24
BluntCrazeMan:
@Barcaboi, read the posts above in order to understand my point of view better.
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.
..
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@Barcaboi..
If you followed the Atiku-Vs-Buhari Tribunal cases of 2019 very well, the Card-Reader Accreditation process was not used in a lot of Polling-units across the nation, and the Atiku-Team wanted the court to nullify all those Polling-units where there were no Accreditation data from the Card-Reader (and in some other Polling-units where the Card-Reader Accreditation data revealed that there was serious over-voting).. But the Judgement of the Tribunal ruled that the Card-Reader Accreditation is not yet an acceptable electoral process according to the current Electoral Act, and that the only tool through which a petitioner can establish any claims of over-voting and any claims of manipulations in the accreditation data is only through the Voters-Registers.. The Judgement ruled that the use of the Card-Reader is very commendable though, but then, it is not yet recognised by the current Electoral Act.
...
So my dear, a lot of things are happening.

https://m.guardian.ng/news/five-grounds-upon-which-atikus-petition-against-buhari-is-based/

That judgement you posted was what Wike used to defeat Peterside where the SC said card reader wasn’t part of the constitution 2015; Atiku didn’t premise his petition on that.
Re: The Card-reader Accreditation Process Is Unlawful According To The Electoral Act by BluntCrazeMan: 7:34am On Aug 24
barcaboi:


https://m.guardian.ng/news/five-grounds-upon-which-atikus-petition-against-buhari-is-based/

That judgement you posted was what Wike used to defeat Peterside where the SC said card reader wasn’t part of the constitution 2015; Atiku didn’t premise his petition on that.
It was that same case of Wike that was recalled, and used in annulling the case of any form of Card-Reader usage in the Tribunal Judgements. (See pages 172-to-175 of the Tribunal Judgement)

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