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Nairaland Forum / Nairaland / General / Politics / Profile of the 5-man panel at the Presidential Election Petitions Tribunal (48708 Views)
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Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by Penguin2: 7:54pm On May 08, 2023 |
helinues: And that’s the decision they made and communicated that I just showed you in black and white. At what time did they change that decision and why was that change not communicated to parties and candidates? |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by Baatunde(m): 8:07pm On May 08, 2023 |
I wonder o! Why are they interested in their families, is it so that when the verdict does not go their way they can go and kidnap their families? Bunch of terrorists masking as advocates of democracy. Let them cancel the election and rerun it twenty times, with or without Tinubu, Pandora has no chance of leading this nation, at least not this time stuffs2002: 1 Like |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by Yusufisraelj(m): 8:09pm On May 08, 2023 |
fergie001: This man man is from my place, I hope he Rights the wrong of Yakubu who's also from Bauchi state. 1 Like 1 Share |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by stuffs2002: 8:18pm On May 08, 2023 |
Baatunde: The ucultic Pandora criminal will never amount to anything in Nigeria |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by BENEAMATA: 9:04pm On May 08, 2023 |
OkayDaddy:typical braying mob . |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by IfnobeGod20: 9:22pm On May 08, 2023 |
garfield1:I challenge you to quote where it was stated or mentioned in our electoral Act that INEC will use BVAS. The electoral Act only made mentioned of electronic device and no more but it was INEC guideline that prospective voters must pass through the device before being entitle to vote and anyone that doesn't do that will not be entitle to vote by their guideline. I will enjoin you to read the article from Premium times news below: https://www.premiumtimesng.com/opinion/589746-inec-electronic-transmission-of-results-electoral-act-and-matters-arising-by-wahab-shittu.html See the extract from it. "The INEC Regulation further asserts its discretion on the manner in which elections will be conducted, birthing Clause 38 in the Regulation, which introduced the electronic transmission of election results. The regulation holds the status of a subsidiary legislation, as it was born from the primary lawmaking responsibility of the legislature, which had delegated its power to the body. Any action in defiance of the regulation by those bound by it is therefore unlawful, as the regulation carries the same weight and force as the law empowering it. The court in the case of Best Njoku v. Chief Mike Iheanatu held that a subsidiary legislation is one that is subsequently made pursuant to the powers conferred by the principal legislation to which it is complimentary; it has the force of law. Therefore, it raises no question as to the validity of the power of INEC to make rules to regulate its own procedures, save for where the regulations are in conflict with the constitution or the Electoral Act empowering it; where the latter occurs, it is null and void. The electronic transmission of election results by virtue of being in the INEC regulation, receives the force of the law. Nigeria’s journey to the inclusion of the electronic means of transmitting results in the election process began with the Electoral Act Amendment Bill 2021, which resulted in the Electoral Act of 2022. Clause 52 of the Bill sought to introduce electronic voting into the election process. Such was meant to be carried out by INEC where practicable, which consequently meant that the manual process was employed where the electronic voting was impracticable. However, such clause failed to reach the last stage of the legislative process, as it was amended with only the electronic transmission retained at the exercise of INEC’s discretion, in its regulation. The electronic transmission of result in Clause 38 of the INEC Regulation is in exercise of the discretion given under Section 60(5) of the Electoral Act, which enumerates that the presiding officer at the polling unit, after counting votes and declaring the number, is to transmit the result in accordance with the directives of the Commission. With the directives of INEC as to the manner of the transmission, the presiding officer’s disobedience to such attracts sanctions. While the Section 60(6) of the Electoral Act fails to expressly include that the sanction also pertains to the disobedience of the presiding officer to observe the provisions of Clause 38 of the INEC regulation, it indirectly brings that INEC directive under the ambit of Section 60 through the Section 60(5)". |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by Shegunsmart(m): 9:33pm On May 08, 2023 |
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Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by garfield1: 9:43pm On May 08, 2023 |
IfnobeGod20: The electoral act clearly stated electronic device must be used for accreditation and inec was using card readers and now bvas.it satisfies that requirement so far as accreditation is electronic. The electoral act is silent on collation and transmission which means inec can use anyone it likes.even that guideline stated that transmission will be as inec prescribes which could be through guidelines or verbally. Inec guideline in 2015 prescribed use of card reader yet supreme court clearly stated that since it is not in the electoral act,it cannot be used to invalidate elections. |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by Yoighaman(m): 12:10am On May 09, 2023 |
QualityShare: Amen! |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by Caseless: 4:59am On May 09, 2023 |
out of 5, A.B.U produced 3. Naturally ahead... 1 Like |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by IfnobeGod20: 2:08pm On May 09, 2023 |
garfield1:Because as at that time the use of electronic device wasn't in our electoral Act but now the 2022 electoral Act is more explicit and empowers the commission to formulate guidelines for the overall free, fair and credible elections. I do hoped you read the extract from premium times news I posted where it was stated clearly thus: "The regulation holds the status of a subsidiary legislation, as it was born from the primary lawmaking responsibility of the legislature, which had delegated its power to the body. Any action in defiance of the regulation by those bound by it is therefore unlawful, as the regulation carries the same weight and force as the law empowering it. The court in the case of Best Njoku v. Chief Mike Iheanatu held that a subsidiary legislation is one that is subsequently made pursuant to the powers conferred by the principal legislation to which it is complimentary; it has the force of law. Therefore, it raises no question as to the validity of the power of INEC to make rules to regulate its own procedures, save for where the regulations are in conflict with the constitution or the Electoral Act empowering it; where the latter occurs, it is null and void. The electronic transmission of election results by virtue of being in the INEC regulation, receives the force of the law". The 2022 electoral Act is clear and not ambiguous at all. It gives more power and authority to INEC to give guidelines, as some portion of each law always end as thus "as may be prescribed for by the commission". Take for example section 60(5) of the 2022 electoral Act which says "5) The presiding officer shall transfer the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission". If the commission have told all parties involved, international communities and other stakeholders the manner by which votes will be transmitted but surprisingly at the middle of the election, the commission chose another method, in your clear conscience mind, what do you think the commission has done? If we are in a country where the rule of law is paramount, by now many heads should have been rolling in jail. There's need to always be guided by the rules of the game and not trying to circumvent the process. Let us even reason objectively. Why would a commission like INEC even say one thing and do another thing at the middle of an election, if its doesn't have what they want to hide as a 'supposed' impartial umpire? It makes no sense at all. |
Re: Profile of the 5-man panel at the Presidential Election Petitions Tribunal by GodIsBiafran: 2:29pm On May 10, 2023 |
QualityShare: Why is EVERYBODY not saying AMEN to this prayer? Some people know that their candidate did not win. |
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