₦airaland Forum

When a drug baron responsible for death of Americans in the 70s is your president.

You have this

Only 15 years ?

This country is a zoo , some people are lion , some are goat and antelope

When him talk, you will know how devilish this apc is

treesun:
https://punchng.com/lagos-enforce-okada-ban-statewide/

Like say no be police, soldiers and navy dey engage in okada now

PigTormentor:
When Obi went to court, I was expecting him to come with hundreds of polling result papers showing different results from what INEC reported.

He could not because he couldn't find any. He truly lost hence Obi and Atiku were looking for other reasons to disqualify Tinubu.

Who has time to go through hundreds of thousands sheet of paper , when their mind is made up?

If you dey Court, you no go go chop ?

fergie001:
Thank you for this subject matter.

I find it difficult to align myself with you on the basis of similarity between the IReV portal and the National Electronic Register for Results which is a distinct database.

I will come to this later on.

The power to issue regulations and guidelines for elections is constitutionally vested in INEC and have been reappraised in several Supreme Court Judgements.

Section 148 of the Electoral Act 2022 invests that power on INEC:
The Commission may, subject to the provisions of this Act, issue regulations, guidelines, or manuals for the purpose of giving effect to the provisions of this Act and for its administration.

Section 60(5) of the Electoral Act 2022 was clear:
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 I play the devil's advocate and INEC insists that results should be transferred via IReV and their polling officers refuse, what happens?
Does it lead to invalidation of the results ... See what the Electoral Act says;

Section 60(6) of the Electoral Act 2022:
A presiding officer who wilfully contravenes any provision of this section commits an offence and is liable on conviction to a fine not more than N500,000 or imprisonment for a term of at least six months.

You can see that it doesn't invalidate the election because Section 60(5) does not say results will be transferred electronically. It only said in a manner prescribed by the Commission, however, it stated clearly results duly signed and stamped. Hence Form EC8A is the building bloc and foundation of our electioneering system.

Again, even though BVAS was not specifically mentioned in the EA 2022;
See Section 47(2):
To vote, the presiding officer shall use a smart card reader or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm or authenticate the particulars of the intending voter in the manner prescribed by the Commission.

I am not unmindful that the Supreme Court inter alia in Atiku v INEC stated clearly that the Manual Regulations and Guidelines has some force of law and contravention invites punishment, however, there is a caveat....

Section 134(2) of the Electoral Act 2022:
An act or omission which may be contrary to an instruction or directive of the Commission or of the officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election. (You can review Atiku v INEC 2023 & Tonye Cole v Fubara 2023)

However, the use of the IReV portal has not done away with foundational bloc which is the stamping and signing of Form EC8A as provided for in Section 60(1-5) and 64 of the Electoral Act 2022. It follows therefore that the inclusion of non-compliance with the Manual for Election Officials 2023 as well as INEC’S 2023 General Elections approved Guidelines in the circumstances of this case is improper and non-tenable.

Now linking IReV portal to National Electronic Register of Results.
These two aren't same. Whilst the IReV portal is a live event that takes place on the spot to boost voter confidence, the National Register is like a bank, a distinct database that houses all results. Both aren't same.
Section 62(2) spoke about it been a repository: a place where data can be stored or managed. Again, there is no length of time by which this continuous update will expire or discontinue.

I have seen with full respect your trying to link both as having the same meaning but I disagree;

Where the provisions of a statute is straight forward and unambiguous the Court cannot read into the statute what is does not contain, A statute must be solemnly interpreted in a manner that will project and bring out succinctly the real intention of the law makers. No extraneous matter should be allowed to stray into the principles of interpretation of an Act or Constitution See Atiku v INEC 2023

The cardinal principle of interpretation is that when the words of the statute or instrument are clear and unambiguous they must be given their ordinary natural simple meaning. A Court of law, in its interpretative jurisdiction, lacks jurisdiction to import or impute into a statutory provision words which are not therein used. Its duty being only to interpret the provisions in order to bring out the meaning of the words used in the statute and the intent of the lawmaker See Dickson v Sylva (per Kekere-Ekun JSC as she then was).

Again, the Electoral Act was emphatic about not mentioning IReV, only INEC's regulations and Guidelines mentioned IReV.

“Indeed, since the Guidelines and Manual, which authorised the use and deployment of the electronic Card Reader Machine, were made in exercise of the powers conferred by the Electoral Act, the said Card Reader cannot, logically, depose or dethrone the Voters’ Register whose juridical roots are, firmly embedded or entrenched in the self same Electoral Act from which it (Voter’s Register), directly derives its sustenance and currency. Thus, any attempt to invest it (the Card Reader Machine procedure) with such overarching pre¬eminence or superiority over the Voters’ Register is like converting an auxiliary procedure – into the dominant procedure of proof, that is proof of accreditation.” (Garba JCA as he then was).

What this simply means is that in a face-off between the Electoral Act v the Manual Regulations of INEC, the Electoral Act wins. Once it is not in the Electoral Act, it is a tier-2 subsidiary legislation.

To cap it all, the SC in Oyetola v Adeleke on IReV;
Non-transmission of results to IReV portal does not and can not stop the collation of results or invalidate the Electoral process.

Bkuntcrazeman

Why did you use "national register " and not national electronic register " , that's a deliberate ommission to drive your point ?

Rubbish blogger, that's a fan and thos is old news

Good one .
They had the mind to enter isreal and kill 6 people.
Qatar have been giving them evil covers .

It ends now.

So sweet

Here is the annoying thing , isreal tell US , US tell Qatar before bombing .

Qatar tell the hamas chief and they didn't physically attend the meeting only middle level leader .

Qatar = hamas

Seun look into this anti spam bot .

It's creating more problem .

If you dont see any tweet from me till 11pm , it has banned me again for the 7th time today

Ho ha !

Make the person know now before him carry fight come

In his defence of the governor not going to Abuja for this , naptu sited a post by uzodinma in a function in abuja on the 27th of August .

The president left on the 4th of September.
He did this thinking that he wont be fact checked on the date .

7 days after both events apart, I am confused what message naptu was trying to pass , does nairaland look like their apc elders WhatsApp group?

Selfless service

See wetin tinubu cause , people are fed up and trying to leave this piece of shyte

stop distracting us from the main nepotistic and bigotic atitude of tinubu giving lagos about 5trillion and 5 states in igboland 197 bn

HEAVEN4444:
No scarcity and long lines like the one that wanted to wound us in Buhari era every other week. At least that's a positive sha. For those looking for positives

Is there queue for Ferrari?

Before apc came , this scheme are unheard of in nigeria .

6 letter words happened to them : TINUBU

Someone that cant lead his reelection campaign

So tinubu carry this madness and toutism go abuja ?

One unknown person express opinion about what can be argued to be correct.

That's now news worthy for NL front page

Them no finally get musk with him pikin

delugadou:
This family would have still killed the man's children.

You think they will gladly live in a hut, while their late brother's child occupies the new house alone

A man's enemies are members of his household

Lies. There will still be that uncle that will fight for the child.. if he is a son , more uncle will rather die to see another person cheat him

First time in my life in the NL front page , nobody is supporting tinubu .

We are getting there

Is that not enough?

The terrorist supporters that was hailing them when they massacred isrealis in October 7th is now crying here on nairaland .

helinues:
Perhaps you have not been following up with the new tax laws. States headquarters now pay their tax to the state government instead of remitting it to the General headquarters. Yes the last report that was released, South East states are still yet to perform.

So which excuse again

So every company , small or bug should have a state headquarters.?

Wtf does state Headquater even mean?

Segzy19:
This is a good case for lawyers to jump on pro bono.. if Dangote no pay at all, him go pay nothing less than a billion as compensation....

By the way, no one is talking about the bike man who was also seriously injured and in critical condition. Nobody knows what's happened to that one. Probably because he isn't related to any celebrity or doesn't have someone to shout for him on social media

I am still worried about the 4000 trucks that Dangote wants to roll out for the distribution of his petrol.... Is this how his petrol truck will be causing havoc all over? That one will be catastrophic o

Go collect 10billion ontop manslaughter wey the driver do.

The case na between the family and the dangote driver, dangote group involvement na on compassion and mercy

lordm:
They better settle that family well. This should serve as a deterrent to the company on the recklessness of some of its truck drivers

The question now is which family ?
The father of her kids will be the best person to take care of the 2 children but phyna said she didn't do bride price and he is irresponsible


But I think he is the best person