₦airaland Forum

ericsmith:
Really do not understand you but i believe we can learn from ourselves stating facts n not just opinion guided by interest.
When you a redress in court it is paramount the laws be interpreted accordingly ....
under electoral process we have i. voting process ii. coalition process ... if you cannt understand both process are govern by different laws you cannt promote to the next level ...

Realdeals:
Wait but why were people denied manual accreditation because the SCR which is electronic didn't recognized their PVC, I have 5 voters that were affected.
Even during result announcement, Yakubu justified votes cancellation due to manual accreditation to the extent that PDP agent at the announcement Osita Chidoka protested the cancellation of votes from a Ward in Nasarawa based on the clause.

What I know is that the tribunal will not give Atiku the mandate, they will instead cancel the election and call for a fresh one, INEC cannot defend the case.

Realdeals:
Wait but why were people denied manual accreditation because the SCR which is electronic didn't recognized their PVC, I have 5 voters that were affected.
Even during result announcement, Yakubu justified votes cancellation due to manual accreditation to the extent that PDP agent at the announcement Osita Chidoka protested the cancellation of votes from a Ward in Nasarawa based on the clause.

What I know is that the tribunal will not give Atiku the mandate, they will instead cancel the election and call for a fresh one, INEC cannot defend the case.

chukel:
i dont know how you guys reason this o. But let me make things clearer. Each SCR was configured to each polling unit. If I'm meant to vote in polling unit A and I go to polling unit B, the SCR will not recognise my card. If I'm allowed to vote in B despite failure of SCR to accredit me, I can still move to A where I will be accredited and vote. Now that's multiple voting. Again SCR may not recognise the card if it's fake. So I don't really understand what u guys argue about. There is no provision for parties in the SCR. None. It doesn't work like phone. How many parties participated in the presidential election. Ask any P.O who claims he/she transmitted result through SCR how he or she keyed in the results. Despite being Corp members, some of them are stark illiterates. What they transmitted (if at all there was transmission) was total number of registered voters (which was already saved in the SCR), total number of accredited voters. The later is even automatically saved in the SCR. This is the reason every card reader is returned to inec headquarters. This is part of what they use for forensics. SCR does not have provision for votes scored by each party. I'm really shocked atiku bought into that dummy. Shows he is senseless

Ratello:
I don't think you have a clearer understand ing of my submission here or you did but trying to evade it like a smart dude guy smart card reader (instrument of e-collation) will be loud in this case

Ratello:
Visit this thread now and read it meditatively to cure your ignorance on the Smart Card Reader In this 2019 elections also inform your friends too and stop embarrassing yourself online. https://www.nairaland.com/5093805/year-2019-elections-smart-card

engineerboat:
I will say this and those who care to listen should do.

Does Nigerian Constitution empower INEC to make bye laws and election Guidelines? YES

does INEC make regulation for Transmission of election result by CR? YES

Does INEC train technical staff on how to input result on CR? YES

Does INEC give Technical staff special password for result uploads?YES

If all the noise of APC is anything to go bye

I wish them safe journey in the media goose chase

Ratello:
Bunch of APC miserable lawyers and charge and bail comedians. When the burden of proofs in a law court rest on a defendant's shoulder in a sensitive case as this then whatever that can be submitted at the court of law to substantiate the body of evidences validity will be admissible as exhibits in court. In this case, the Atiku legal team had proven beyond reasonable doubt that INEC had grossly compromised the law guiding the principle of electoral process in the land and they have no case to prove nor evidences to support their wild claims. Atiku is almost here.

Thanks to Christian.North engineer.boat tuni.ski Esse.ite and other brilliant contributors here so far

ericsmith:
Stop mixing things up & confusing yourselves .... the only reform we had was the for voting process ... electronic accreditation which legalises card reader.
Coalition process as stipulated by nigeria constitution till today remains manual coalition process ...
the 2018 electoral law amended would av enacted E coalition but was not signed which means Manual coalition of election result remains the only legal means of computing & presenting results before any court of jurisdiction ... inec server will be thrown out just like juju in any court

chukel:
i dont know how you guys reason this o. But let me make things clearer. Each SCR was configured to each polling unit. If I'm meant to vote in polling unit A and I go to polling unit B, the SCR will not recognise my card. If I'm allowed to vote in B despite failure of SCR to accredit me, I can still move to A where I will be accredited and vote. Now that's multiple voting. Again SCR may not recognise the card if it's fake. So I don't really understand what u guys argue about. There is no provision for parties in the SCR. None. It doesn't work like phone. How many parties participated in the presidential election. Ask any P.O who claims he/she transmitted result through SCR how he or she keyed in the results. Despite being Corp members, some of them are stark illiterates. What they transmitted (if at all there was transmission) was total number of registered voters (which was already saved in the SCR), total number of accredited voters. The later is even automatically saved in the SCR. This is the reason every card reader is returned to inec headquarters. This is part of what they use for forensics. SCR does not have provision for votes scored by each party. I'm really shocked atiku bought into that dummy. Shows he is senseless

koboko69:
U better wake up from this pipe dream, or stop whatever you smoking. Lets assume there is indeed a server.....so Atiku's team hacked into the server of INEC to obtain results and u think this will be admissible in court? If u can hack into INEC's server to obtain an imaginary result then u can also hack into it to manipulate results...
So u are telling me Treason will be admitted as evidence in court....
I pity the foolishness of Atiku even claiming he obtained some results from a "server". When the hunter becomes hunted i hope u wont start crying dictator, democracy is dead....blablabla....cos y'all are now supporting an allege act of treason if found true....and u all think u are normal?

ChristianNorth:
Stupid analysis. Go and pick a copy of the Evidence Act 2011.

chukel:
you don't get it. SCR was not an instrument of collation of result but for total number of accredited voters. Haba, how difficult is it to understand this.

chukel:
this nonsense link you put up wasn't even released by inec but by a sponsored group(a group openly in support of atiku). Can you have some sense please. Show me on inec electoral guideline and procedure where it stated that results will be entered into SCR and transmitted. Show me that. Not nonsense written by a group.

tuniski:
Hehehehehe are you now threatening Atiku?

cyrilamx:
Until the Electoral Act (Amendment) Bill is passed into law any election result that is electronically transmitted by the Independent National Electoral Commission (INEC) is illegal, a cross section of Nigerian lawyers has said.
In their contributions to the raging controversy over INEC’s purported transmission of the results of the 2019 presidential election, the lawyers told LEADERSHIP Weekend that it amounts to illegality for the commission or its officers to have transmitted the said results when the Electoral Act (Amendment) Bill, 2018, has not been signed into law.

They argued that Section 52 (2) of the operating Electoral Act 2010 prohibits the use of electronic voting machine in Nigeria, including the transmission of the results electronically.
In the same vein, the legal luminaries said that Section 65 of the same Electoral Act 2010 stipulates that election results shall be transmitted manually by INEC presiding officers and that this law which governed the conduct of the 2019 elections has not been repealed.

The ruling All Progressives Congress (APC) and the opposition Peoples Democratic Party (PDP) are into a fierce verbal war over the purported existence of a server where INEC allegedly stored the results of the February 23 presidential poll won by President Muhammadu Buhari.
Among the eminent lawyers, who commented on the matter yesterday, were Chief Mike Ahamba (SAN), Alasa Ismaila, Muktar Abanika, Dr. Kayode Ajulon, and Ismail Alahusa.

They asserted that said since the Electoral Bill which mandates the immediate transmission of voting results from polling units to collation centres has not come to effect, the so-called transmitted result is invalid and any reliance on it is null and void.
The lawyers drew attention to the 2015 INEC’s Directives, Guidelines and Manuals which provided for the use of smart card reader while Section 49 of the Electoral Act provided for the use of voter cards instead.

According to them, petitioners in previous elections who placed reliance on INEC guidelines by alleging substantial non-compliance with the provisions of the Electoral Act because the smart card reader was not used in the accreditation process and that the election results should be set aside on the basis of the failure to use the smart card reader failed at the Supreme Court.
The Supreme Court, the lawyers said held for instance in Wike Ezenwo Nyesom vs Dakuku Adol Peterside and Others that INEC’s directives on the use of the smart card reader has not invalidated the use of the manual accreditation process, even if it was fraught with fraud.

According to Ahamba, ‘’it is left to the tribunal to determine whether INEC actually gave orders to the presiding officers to transmit the election result electronically to the collation centre or the commission’s server or not.
‘’The tribunal will determine precisely after it has listened to all sides and gone through all the available evidence adduced by parties to the suit. But it is trite law that if INEC gave unlawful instruction, the result so transmitted is unlawful and invalid,’’ he said.

In his views, Ismaila who practices law in Katsina and Abuja said: ‘’It is immaterial whether the presiding officer was instructed to transmit the election results electronically or not. We must determine whether such was governed by the new INEC Guidelines and Manual for the conduct of the 2019 general elections. Even then at his level, he cannot claim ignorance that the Electoral Act (Amendment) Bill which would have authorised it is yet to be signed to law.

‘’The Supreme Court judgement in Edward Nkwegu Okereke vs Nweze David Umahi and Wike Ezenwo Nyesom vs Dakuku Adol Peterside and others are enough lessons not to do things outside the law.
The apex court held in Wike’s case for example that the introduction of the card reader is certainly a welcome development in the electoral process. Although it is meant to improve on the credibility of those accredited to vote so as to check the incidence of rigging, it is yet to be made part of the Electoral Act.

To Abanika,‘’Section 52 (2) of the Electoral Act 2010 as amended which is still in operation prohibits the use of electronic voting machine for the time being in Nigeria, including the transmission of the electronic results.

He said: ‘’Section 65 of the same Electoral Act 2010 that dictates that the election results shall be transmitted manually by the presiding officer, yet that law which governed the conduct of the 2019 elections has not been repealed.”

The Electoral Bill which mandates the immediate transmission of voting results from polling units to collation centres is not yet operational, and as such, the transmitted result is invalid and any reliance place on it is null and void,’’ the lawyers maintained.
Dr. Ajulo, who is the founder of Egalitarian Mission in Africa, said that the PDP candidate (Alhaji Atiku Abubakar) has embarked on a fruitless venture with the results he claimed he got from INEC server.

Ajulo asserted that the result is not admissible in law, adding that ‘’if President Muhammadu Buhari had signed the amended Electoral Act, which included electronic transmission of results, Atiku would have had a valid case against INEC, but as it is, he cannot even tender the results at the tribunal.”

A Kaduna-based lawyer, Ismail Alahusa, agreed with the submissions of Ajulo.
He said that electronic transmission of result is not recognised by the Electoral Act and, therefore, the result Atiku claims he got from INEC server is “just a piece of paper.”

‘’He can’t use it at the tribunal because the law does not even recognize the transmission of result electronically. I want to believe that Atiku was not properly advised before approaching the tribunal to challenge the results of the election,” he said.
But Akinwumi Adisa, a civil rights activist said that Buhari refused to sign the amended Electoral Act Bill into law because of the fraud the APC and INEC perpetrated during the election.

He said: ‘’To every sane Nigerian, the last election is the worst in the history of polls in Nigeria. For every Nigerian that is seeking the good of this country, the last election was a sham and should be condemned by all.
‘’As for the result Atiku claimed he got from INEC server, even if it is not admissible in law, the whole world would be made to know the daylight robbery committed during the last election.’’

A Lagos-based lawyer, Emmanuel Majebi said: “It would not have been possible to transmit the results even if INEC had wanted to do so initially because there are areas that have no network and there are areas where the card readers did not work or were not used.

“The figures Atiku brought is very bogus. The combined votes for him and Buhari is more than the total accredited voters, no other candidates got a vote, no cancellation and no voided votes, that in itself has knocked out his INEC server’s claim. I will not want to say much on the issue because it is in court but I will say the electronic transmission of election results was an ideal that wasn’t possible.

“It was not backed by law. It was to be a parallel process but it didn’t work or INEC probably heard that some people had planned to compromise it and abandoned it without announcement. Transmission to the server of the number of accredited voters, does not translate to the number of votes cast!

Another Lagos-based lawyer Jude Omeire said: “I believe we should not be jumping the gun and we should allow the tribunal to determine the merits and demerits of the petition and the defence. I believe that the law empowered INEC to set guidelines for the conduct of the elections but the question is, can INEC guidelines override the constitution and the Electoral Act?
“It is the responsibility of the tribunal to scrutinise the submitted data, and if needs be as to its source and genuineness,” he said.

https://leadership.ng/2019/04/27/electronic-transmission-of-election-result-illegal-lawyers/amp/

koboko69:
Whats my own?..who I be?
I am just asking if you all are normal with the gross folly being displayed by supporters of Atiku and Atiku and his team themselves.

Awol1:
It's a tricky sh*t.

The court cannot build on nothing.

If there's no presidential assent to make the process legal, how can the court adjudicate on it.

Except the court recognizes the power of INEC to make bye-laws.

Ratello:
Did your Buharideen eyes suddenly went dim to see the sources (the sun, punch links quoted in the body of the article) or you just want to appear funny to entertain us this afternoon. Go back and read the article again.

tuniski:
It does so many things including collation of results.

mycar:
No evidence is illegal, it is just like saying that using video camera to capture all the election results is illegal. E- result is only meant to double check the manual one or reconcile the overall result.
It is called a backup, else how did inec arrive at the results they announced in the areas the electoral materials and offices were burnt down after the voting had been concluded and announcement of the results being awaited?
If election was free, fair and transparent, all the instruments meant to guarantee that must be considered and looked into and if proven beyond doubt that the election was not then the result should be declared null and void as was done elsewhere in Africa.
Beside, what's the use of election when its being free, fair and transparent is not guaranteed?

tuniski:
Don't kill Yourself on a matter you have zero input or role.

Well you aint the tribunal. I am not suppose to have any point to you.

ChristianNorth:
Your analysis is always apt. I am impressed.

Atiku is coming

chukel:
Opening of the Polling Units:
On each Election Day, polling stations will open for Accreditation and Voting from 8:00 am to 2.00 pm. However, voters on the queue before the close of poll at 2:00pm will be accredited and allowed to vote.

Voting Procedure:
Voting at the polling unit will be as follows:

Step 1:

At the polling unit, join the queue. An INEC official will check if you are at the correct polling unit and confirm that the PVC presented belongs to you.

Step 2:

An INEC official will confirm if your PVC is genuine using the card reader. You will be asked to place your finger on the card reader.

Step 3:

An INEC official will ask for your PVC and confirm you are listed in the Voters Register. Your name will be ticked and your finger will be inked to confirm you have voted. If your name is not found you cannot vote.

Step 4:

The Presiding officer will stamp, sign and endorse your ballot paper. You will be given the ballot paper rolled with the printed side inwards and directed to the voting cubicle.

Step 5:

Stain your finger with the ink given and mark the box for your preferred candidate/party. Roll the ballot paper in the manner you were given and flatten it.

Step 6:

Leave the voting cubicle and drop the ballot paper in the ballot box in full view of people at the Polling Unit.

Step 7:

Leave the Polling Unit or wait if you so choose, in an orderly and peaceful manner, to watch the process up to declaration of result.

N.B: The result of each Polling Unit shall be pasted at the unit for everyone to see.

Your right as a voter:

On each Election Day, you have the right to:
•Access the polling station
•Receive information on the voting procedures from the poll officials
•Vote in secret.

Responsibility of the Voter:
•Obey all lawful instructions from the INEC and Security Officials on election duty.
•Leave the polling unit or wait if you so choose in an orderly and peaceful manner.
•Encourage other voters to do likewise.



NATIONAL ASSEMBLY ELECTIONS:
1.Federal Constituency Election Results:The LGA Collation Officer in charge of the Federal constituency (House of Representatives) elections shall: •Receive the original copies of result sheets from the Registration Area/Ward Collation Officer;
•Collate and add up the results to obtain the LGA summary;
•Submits the result to the Constituency Collation/Returning Officer.


The Constituency/Returning Officer shall:
•Collate the results received from the LGA Collation Officers into the appropriate result sheet;
•Enter the score of each candidate into the Declaration of Result Form for the Federal Constituency and return as elected the candidate with the highest number of valid votes cast at the Federal Constituency Election.

2.Senatorial District Election Results:The Senatorial District Collation/Returning Officer shall: •Take delivery of the original copies of the results from the LGA Collation Officers;
•Collate the results into the Senatorial District result form;
•Enter the score of each candidate into the declaration of result form for the Senate and return as elected the candidate who scores the highest number of valid votes cast at the Senatorial District Election.


PRESIDENTIAL ELECTION:
•Presiding Officers send results of poll to the RA/Ward Collation Officer;
•RA/Ward CO collates results and sends to LGA Collation Officer;
•LGA Collation Officer shall collate results and send to State Collation Officer;
•State Collation Officer collates results and sends to the Chief Electoral Commissioner (Chairman INEC);
•The Chief Electoral Commissioner (Chief Returning Officer) collates results from the State Collation Officers, declares the result and returns the winner as President elect of the Federal Republic of Nigeria.

NOTE:
•The Presiding Officers/Collation Officers at the various levels complete the result sheet and request the party agents available to countersign. Duplicate copy of the result is made available to each one while the original is taken to the next level of collation.
•The Presiding Officers/Collation Officers at each level completes the notice of results of poll and paste at the Polling Unit or Collation Centre.
•Where the margin of win between the two leading candidates is not in excess of the total number of registered voters of the Polling Unit(s) where the election was cancelled or not held, the Returning Officer shall decline to make a return until another poll has taken place in the affected Polling Unit(s) and the results incorporated into the existing one.

garfield1:
Tuniski,ratello and other pdp fans,i believe this has ended the argument.none of you should bring up this irrelevant topic again.
The above post summatizes what happens in a polling unit.what the court is interested is what hsppened at the various units and where the various results declsred were recorded.according to this manual,only the manual result sheets are mentioned.no mention of any electronic collation or trsnsmission here.

Again,the results transmitted was went directly to inec at abuja bypassing the various collation levels of results which the electoral law religious thereby destroying its legality or legitimatrly completely.once results are ready from the polling units,they are transmitted from there to the ward collation.from there,we have the lg level and then the state level before the national level.at each level, results are declared after collation is over.the transmission system here was manual through form ec8a not electronic.what wss needed from the card reader was just the data for accreditation.therefore,electronic trsnsmission is invalid.

Again,the constitution recognizes only manual accreditation.inec guidelines recognized card reader which means 2 system of accreditation were used.according to Atiku,total accreditation figure is 35million and apc and pdp total figures is 35 million.where is the figures for other parties?

Again,acording to the constitution,all claims of non compliance must be proven at the unit level in majority of the units meaning all card readers must be brought one by one plus manual register which is impossible.its over before it began

Printerscanner:
Atikuchukwu and Obituary will cry more than bush baby.