₦airaland Forum

The Electoral Act 2022 introduced several novel provisions aimed at enhancing transparency and credibility in Nigeria’s electoral process. Chief among these innovations is the electronic transmission of election results directly from polling units to the Independent National Electoral Commission (INEC) database or backend server, referred to as the National Electronic Register of Election Results. This process includes uploading scanned copies of polling unit results (Form EC8A) to the INEC Results Viewing (IREV) Portal for public access on election day. Additionally, the Act mandates the use of the Bimodal Voter Accreditation System (BVAS), an electronic device used for accrediting voters and transmitting voter accreditation data and results to the approved INEC electronic platforms.

These technological advancements were deployed during the Edo State gubernatorial election held on September 21, 2024. However, the election highlighted several issues that demand a critical review to clarify the lawmakers’ intent in enacting these provisions and the judiciary’s role in interpreting them.
The petition filed by Asue Ighodalo before the election tribunal centers on allegations of non-compliance with the Electoral Act, as well as INEC’s regulations, guidelines, and manuals. The petitioner argues that irregularities occurred during the collation of results in specific local government areas of Edo State.

INEC has faced intense criticism following revelations of alleged complicity in the falsification of election result sheets (Forms EC8A-C) during the Edo governorship election. Former President Olusegun Obasanjo recently added his voice to the growing demand for INEC Chairman, Professor Mahmood Yakubu, to resign, calling for a comprehensive overhaul of the commission in the interest of Nigeria’s democracy. The Supreme Court is set to rule on several discrepancies found in the certified true copies (CTCs) of the election results released by INEC. These discrepancies include results that differ from those available on INEC’s IREV portal, as well as the absence of signatures from polling unit agents and presiding officers.

Such contradictions within INEC’s documents may lead the court to invalidate the affected documents upon legal scrutiny. Moreover, INEC officials implicated in the Edo forensic report have been referred to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) under Section 26 of the ICPC Act 2020. Nigerians are eagerly anticipating their prosecution for electoral offences, as stipulated in Sections 114 and 145 of the Electoral Act 2022.

The Supreme Court, in its judgment on Oyetola v. Adeleke, clarified the evidence required to prove improper accreditation or over-voting. The court held that the voter register, BVAS records, and polling unit results (Form EC8A) are the primary sources of evidence. It emphasised that the BVAS record for each polling unit constitutes the direct and primary evidence of voter accreditation on election day. The court concluded that the INEC database or National Electronic Register of Election Results is not relevant for determining non-accreditation or over-voting and cannot be relied upon for such claims. Consequently, the Supreme Court dismissed the appeal in Oyetola v. Adeleke for lacking merit. This precedent will significantly influence the adjudication of the Edo 2024 governorship election results when the matter reaches the Supreme Court.

Nigeria’s electoral jurisprudence is replete with cases where elections have been overturned based on incontrovertible forensic evidence of result falsification. One notable example is the 2008 Osun gubernatorial election. In that case, the court admitted forensic evidence to nullify unlawful votes cast across ten local government areas, including Boripe, Atakumosa, Ayedaade, and Ife Central. Justice Clara Ogunbiyi, delivering the judgment in the petition filed by Rauf Aregbesola against Olagunsoye Oyinlola, held that forensic evidence demonstrated unlawful votes recorded in favor of Oyinlola. The court invalidated the affected votes, declaring Aregbesola the winner in accordance with Section 197 of the Constitution and Section 147 of the Electoral Act (Aregbesola v. Oyinlola & 1,336 Ors (2008) 2 LRECN 1 CA).

The controversies surrounding the Edo governorship election underscore a deepening crisis of trust in Nigeria’s electoral system and raise critical questions about the integrity of INEC. As the judiciary prepares to address these challenges, Nigeria stands at a pivotal moment. The decisions made will either uphold the sanctity of democracy or further erode public confidence in the nation’s democratic institutions. The world is watching closely.

Inwalomhe Donald Writes via inwalomhe.donald@yahoo.com


https://leaders.ng/2024/12/02/the-electoral-act-2022-and-its-implications-for-electoral-integrity-in-nigeria/

No matter how they want to sugarcoat this tax reform, it will not change the fact that it has no beneficial impact on ordinary Nigerians.

Ok

Electoral Act that Mahmoud has turned to toilet paper.

Now this needs some serious deliberations or else the integrity of our democracy is at risk.

Is the Electoral Act 2022 a scam or just deficient?

What the essence of the electronic transmission if INEC can't abide by it?

Same thing almost every Nigerian have always known since that Election Day Mahmoud changed electoral results to allocate Peter Obi votes to a man than didn’t get votes tinubu outside the BVAS. Electoral Act of 2022 was signed into law by both senate and house of reps but Mahmoud refused to follow it after swearing before buhari, Nigerians, journalists, Chatham house etc he would do so. Tinubu a mandate thief and failure with Mahmoud and their generation will suffer forever for the willful destruction of their own nation. They have no other country except same Nigeria they destroyed

jaxxy:
Now this needs some serious deliberations or else the integrity of our democracy is at risk.

Is the Electoral Act 2022 a scam or just deficient?

If tinubu and Mahmoud could jettison that electoral act like tissue paper and the illegality sealed by judiciary then what is the value of laws in Nigeria? The implication is that an amala and ewedu restaurant have more value to a Nigerian today than the law courts

The funny thing that will make you understand that in Nigeria there are just two Ethnic or religious groups viz: The Elite/leaders/rulers/Government and the Followers/ruled/Ordinary Citizens.

Does it not bother you that since the 2023 elections, in which the judiciary manipulated the law to favour the winners, no one (even the opposition LP, YPP etc) in the Senate or HOR has come out to seek for an amendment of the electoral law to cover the loop holes and make our elections Fair and free.

That's to show you that all of them are THE SAME .

aariwa:
If tinubu and Mahmoud could jettison that electoral act like tissue paper and the illegality sealed by judiciary then what is the value of laws in Nigeria? The implication is that an amala and ewedu restaurant have more value to a Nigerian today than the law courts

HMMM... This is why we need to address this serious concern ahead of the next elections so we know what went wrong.

Why was it jettison like a tissue paper? Was this legally correct? And if so is the Electoral Act 2022 a scam or deficient?

Any electoral ACT without compulsory and mandatory participation in a National debate is worthless just as it should mean automatic disqualification for any aspirant who fails to participate in such a debate from the presidential and gubernatorial elections.

jaxxy:
HMMM... This is why we need to address this serious concern ahead of the next elections so we know what went wrong.

Why was it jettison like a tissue paper? Was this legally correct? And if so is the Electoral Act 2022 a scam or deficient?

The issue is that constitutionally the executive, legislative and judiciary are supposed to be totally independent but the drafters of our constitution committed a big blunder by making the executive arm the custodian of all revenues and with that the executive arm have been able to control and muscle into line the other branches (judiciary and legislative) with monetary inducements thereby making them look totally irrelevant so the government we have today is an executive running the whole show alone like a quasi monarchical or military government or state capture as some would call it with a weak powerless judiciary and legislative. The solution? For senate and house of reps to amend the constitution and make it a law that revenues from oil and tax should go directly to executive, judiciary and Legislature bank accounts , that way the executive (president) doesn’t control their pay. Would that happen in present Nigeria? No Would laws from congress be treated as tissue papers ? Yes. Why? Corruption

victornwaru:
No matter how they want to sugarcoat this tax reform, it will not change the fact that it has no beneficial impact on ordinary Nigerians.

How does this relate with this particular topic? SMH!

Ok naa