- How results will be transmitted during gov polls – INEC
A Federal High Court, Abuja, on Friday, ordered the Independent National Electoral Commission to electronically transmit Saturday’s governorship and House of Assembly election results in accordance with its regulations and guidelines.
Justice Obiora Egwuatu in a judgment also ordered the use of the Bimodal Voter Accreditation System to upload a scanned copy of the form EC8A to the INEC Result Viewing Portal immediately after the completion of all the polling unit voting in Akwa Ibom.
The judge further directed the commission to conspicuously paste the publication of its result posters EC60(E) at polling units after completing the EC8A result sheets in the state.
He equally ordered INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls in the state by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political party for the distribution of electoral materials and personnel.
Egwuatu held that since the electoral umpire averred in its filed affidavit that it was aware of its responsibilities under the law and had not failed to carry them out, granting the prayers sought by the applicants would not do any harm to the commission but instead, energise its performance.
He gave the judgment following a suit filed by the Labour Party and its governorship candidate in Akwa Ibom, Uduakobong Udoh, including 13 state House of Assembly candidates for the March 18 elections.
The News Agency of Nigeria reports that the applicants, in the originating summons marked FHC/ABJ/CS/334/2023, dated and filed on March 15 by their lawyer, Moses Usoh-Abia, had sued INEC as the sole defendant.
The applicants, who sought seven reliefs, prayed the court for an order of mandamus compelling INEC and all its agents to comply with and enforce the provision of Clause 37 of the Regulations and Guidelines for the Conduct of the Saturday’s elections in Akwa Ibom.
They also prayed the court to mandate the presiding officers of all polling units to conspicuously paste the publication of result posters EC460(E) at the polling units after completing the EC8A result sheets.
They sought an order of mandamus compelling the commission to mandate the presiding officers of all polling units in the state to electronically transmit or transfer the result of the polling units, direct to the collation system and use the Bimodal Voter Accreditation System to upload a scanned copy of the EC8A to INEC Result Viewing Portal immediately after the completion of all the polling units voting and result procedures.
They said this was in compliance with the provision of Clause 38 of the guidelines for the conduct of the polls.
The applicants equally prayed for an order directing INEC to enforce the observance and compliance of Section 27(1) of the Electoral Act, 2022 in the distribution of electoral materials during the conduct of the polls by engaging the services of independent, competent, and reliable logistic companies who are non-partisans or known supporters of any political party for the distribution of electoral materials and personnel, among other reliefs.
NAN reports that Justice Egwuatu had, on Wednesday, granted leave to the applicants to proceed with a judicial review, filed requisite motion and put INEC on notice, following an ex-parte motion moved by Usoh-Abia.
Upon resumed hearing on the matter on Friday, Usoh-Abia informed that he had complied with the earlier court order and that their motion was served on INEC same Wednesday.
The lawyer said despite the service of their process, the commission was not represented in court.
The judge, however, said that he noticed INEC’s counter affidavit and a preliminary objection to their originating summons in the court file.
He said the application was filed on Thursday.
Responding, Usoh-Abia said though they were yet to be served by the commission, he was ready to proceed with the matter due to the urgency of the case.
He said the motion, dated March 15, had 26-paragrph affidavit with nine exhibits.
The lawyer urged the court to direct the electoral umpire to comply with its regulations and guidelines of Clauses 37 and 38 on the conduct of the elections.
He said the order was necessary because the commission, in the February 25 Presidential and National Assembly polls, failed to transmit results of the elections in the state and across the country.
He argued that INEC created the regulations and guidelines pursuant to Section 148 and 60(5) of the Electoral Act, 2022 to guide the conduct of elections and collating of election result among others.
Usoh-Abia said INEC’s refusal to comply with the law had resulted in serious prejudice; and had foisted uncertainty and frustration on his clients at their various polling units and wards.
The lawyer said if the order was not granted, the same scenario would repeat itself in the Saturday’s poll.
But INEC, in its preliminary objection, said the suit was incompetent and the court lacked jurisdiction to entertain it.
The commission argued that the applicants had not established a justifiable action against it.
It also said that the applicants acted in contravention of the practice direction by commencing the suit via originating summons.
Delivering judgment, Justice Egwuatu said he was satisfied that the applicants had complied with the practice direction rules in the filing of their application.
He also said that he was satisfied that a cause of action had been established against INEC in the paragraphs of the applicants’ process.
The judge, therefore, ordered INEC to direct all its presiding officers to comply with Clauses 37 and 38 of its regulations and guidelines for the conduct of tomorrow’s election in Akwa Ibom.
He held that the commission had the legal duty to act in accordance with the law.
The judge, however, refused to grant other reliefs.
How results will be transmitted during gov polls – INEC
The Independent National Electoral Commission has given an insight into how polling unit results will be transmitted during the governorship elections across the states of the federation on Saturday.
INEC Chairman, Information and Voter Education Committee, Festus Okoye, while speaking on Arise TV on Friday, said the commission had learnt valuable lessons from the February 25 presidential and National Assembly elections.
The PUNCH reports that controversy trailed the failure of INEC to upload results as early as possible during the presidential election, with major opposition parties such as the Peoples Democratic Party and the Labour party holding on to this as one of the bases for rejecting the presidential poll result where Asiwaju Bola Tinubu of the All Progressives Congress was declared winner by the commission.
“The law as of today prescribes a dual mode of either transmission of results or transfer of results,” Okoye said.
He said when polls closed at the level of the various units, the Presiding Officer who superintended the polling unit would enter the scores of the various political parties in form EC8A which is the polling unit level result.
He said, “The PO will sign that particular result sheet and stamp it, the PU agent or party agent if available will also countersign and copies will be given to them and the police.
“That original result will be what will be scanned and uploaded to our INEC Result Viewing Portal for public viewing. Not only that, the accreditation data that has arisen from that polling unit will also be uploaded, but the physical result and the BVAS itself will also be taken to the Registration Area Collation centre.”
According to him, the Collation Officer will have the benefit of seeing the original results and the BVAS itself and have the benefit of looking at the accreditation data as transmitted, and the result sheet as transmitted from the polling unit. That is the dual mode which the law has prescribed for the commission and that is the mode that we’re going to use for the purpose of this election.
Speaking on real-time IREV delivery on Saturday, Okoye said results would be transmitted as soon as the polls closed from various polling units.
“The commission is determined to improve on its previous performance. What we have done is to learn valuable lessons from previous elections that we conducted, and we’re going to put those lessons into our planning purposes and processes, and into our deployment purposes,” Okoye said.
Speaking on the commission’s preparedness, Okoye said, “As of today, what we’re having is what we call state assembly and governorship elections.
“In all the states of the federation, both the Bimodal Voter Accreditation System machines and all the sensitive election materials have left the Central Bank and the various state offices of the federation.
“We want to ensure that all polling units open on time. Secondly, we made sure that we reconfigured all the BVAS that will be used for this particular election in terms of making sure that the BVAS perform optimally and also making sure that some of the challenges we had in the previous elections do not reoccur.”
He added that INEC had also given refresher training to all categories of staff that would be involved in the elections.
He said the country would be having 28 governorship elections and 993 state assembly constituency elections, saying “It’s a huge election and INEC will be paying very close attention to what is going on in the various states.”
Credit: NAN, PunchIt
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