₦airaland Forum

tunjilana:
You are the one who has refused to be open minded and continue to see INEC's guideline as an extension of the constitution.

The position of the ACT is that INEC should transmit result.

The interpretation of the court is that INEC is free to decide how it transmits.

INEC deciding to release a guideline is not a MUST as far as the law is concerned...Nowhere in the ACT nor the court interpretation is it stated that they must release a guideline and stick to it, it is simply what INEC did to ease its operations and make election smooth...and for a fact if they decide to change the guideline 10 times before election date, they dont need to revert to the court or seek amendment to the ACT, it is still within their right as long as the clause "transmit results from polling center to collation center" still happens.

If in your house you have a documented law that says your son must get to school by 8 am every school day .

And a further court judgement stating clearly that your son is at liberty to decide how he gets to sch, that the key thing is to get there by 8.

Then your son decided to share his daily routine(guideline) with you stating that he will use bus and suddenly decided to trek to sch while still making 8 am. If you go back to the court to discuss mode of getting to school, the court will still remind you that it has clearly told you that the boy is at liberty to decide how it get to school.

I hope this helps you get it

Gajagojo:
We are done

Gajagojo:
As many times as I like

We are done
You have nothing meaningful to say

Gajagojo:
We Are still done

If you are looking for a partner for your daily quarrel
I am not he
You feel good when involved in confrontation.and quarrel
Not interested
Goodbye

Gajagojo:
We are done .
I think I have tried my best to be respectful. That we disagree does not mean we should disrespect each other there is always the possibility of persuasion where there is respect.
I don't think any of us will profit from further discussion

Peace

Gajagojo:
Manual transmission is allowed by law and it happened
Result collation from polling unit to ward to LGA to state
I suggest you read section 62 of the electoral Act

Gajagojo:
The server is not viewed through IREV.
That is wrong.
The results on IReV are uploaded manually

and that is why it continued many days after the election .

The server is the transmission destination recognised by law

NOT IREV

It is not surprising that is what Obidients are known for
No manners,emotional and very rude.

Gajagojo:
Transmission to the INEC Server it is distinct from IREV
Also manual transport of signed paper results

Gajagojo:
Read section 62(1,2,3)
Of the electoral Act.
It is on line in PDF format

I have no time to comment on you.
Not interested

Focus on the issues

Gajagojo:
Your opinion
Can we discuss the issue without referencing me or you.
Let us not make it personal which seems to be your area. I am not interested

Transmission here has a meaning in. Law . So the issue is the letter of the law not proverbs and parables that seem wise.


Transmission is to the INEC Server.

Gajagojo:
I can tell you are an Obidient
The moment you don't like what you hear you resort to personal attack
That is where you feel most comfortable but I will challenge you to control your emotions
There is nothing shameful in holding brief for INEC .
I just am not and said so already
So you saying so is obviously intended to be confrontational
Let us stick to facts.
Transmission is defined by law. It CANNOT be the IREV .
And it is not.
In the case of disputes it is the server that is referenced

Not the IREV

Gajagojo:
Uploading is not transmission

Electronic transmission is to the server
Uploading to IREV is not transmission within either the Act or the guidelines.

Gajagojo:
I thought that is what you meant but wanted to confirm
That is a wide misconception and error

Results are not transmitted to IREV and that is not what transmission means in the electoral Act.

Transmission is to the INEC Server
Repeat SERVER.

Which is supposed to be secure and is what is accessed for tribunal petitions e.g in Osun state recently.
It is not a public thing

There is a separate procedure of putting results on IREV for public consumption and transparency but

That IS NOT TRANSMISSION within the meaning of the Act

That is publishing after transmission
Transmission is NOT TO IREV in law
I am not holding brief for INEC or making excuses for them but that is the law and unfortunately there has been poor communication about this

Gajagojo:
I am sorry please confirm what you mean by
INEC result portal
Just so we are talking about exactly the same thing.

Felabrity:
Wike said no to zoning to the south because he knew Peter Obi will get the ticket instead, so he opted for primaries thinking he had a chance against Atiku until Tambuwal gave him handicap 2

Gajagojo:
Did they alter the mode of transmission?
I think there is need to be clear what transmission means

Transmission of what?
From where to where?

tunjilana:
The Act and the court (based on the ruling on a similar pre election suite brought by LP regarding e-transmission), said clearly that INEC is at liberty to decide how it transmits. Being @ Liberty means you can decide when, where and How. The guideline is not Law, it is an operational procedure and infact not using it on election day is still in line with the court's pronouncement that it is within INEC's space to determine how it runs its show. So if INEC decided on election day not to transmit electronically due to technological glitches, it is still acting fully within the powers conferred on it by the ACT and as i terpreted by the court, that it is within his space to determine how to run. The guideline ios not a binding document it is an operational procedure, If INEC even decided not to release any guideline and just run radio jingles about how it intends to run on election day. it is still well within her power as decided by the ACT. If INEC said they "may" transmit electronically where and when feasible, it is still totally within her powers as stated in the ACT and determined by the court


It is like saying that if a law says that it is is binding on a bank to honor a cheque once account is funded and instrument is valid. But when a bank honored the cheque, you shifted focus to how it honored it, if they brought the cash home to the customer or they told him to come to the bank to collect it... The judge will simply ask if the money was paid and if instrument was valid and account funded ....

Christistruth03:
Look it wasn’t Compulsory for INEC to do Electronic Transmission in the Election Law

What was compulsory was for INEC to deliver credible election

Christistruth03:
They are only guidelines

INEC are permitted flexibility under the Electoral Law because of unseen factors like 12 Million hacking attack incidents on their Servers

Christistruth03:
E Transmission in not mandatory in the Election Law

tunjilana:
And did this guideline also tell you that the electronic upload will be done on election day, did it tell you that the portal will be the basis of collation or just a medium for people to see results?... If you write CBT exam in your school and the sch authority says that they will email your result to you but later decided to post it in your faculty, does that have any bearing on the score you got in the exam....

The ACT is superior to any oerational procedure or guideline released by INEC and as long as what INEC did doesnt contradict the ACT, it is fair game

Christistruth03:
.

tunjilana:
Lawyers will tell you that you cant build something on Nothing....INEC Guideline derives from the electoral laws. No part of the Law says that INEC must release a "BINDING" guideline prior election, those are just operational efficiency actions, put in place by the comission and it isnt superior to the ACT. The judges will simply look at the ACT and compare what INEC did against it. If INEC transmission is still in line with the provisions of the ACT, then no story

Christistruth03:
It is up to INEC to decide how best to transmit results

Inec could not transmit results while its servers were having 12million hacking attacks during Elections