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2023 polls: Group cautions youth against post-election violence

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2 years ago

March 1, 2023

Seun Owope

UPLOADING OF ELECTION RESULTS AT THE POLLING UNITS INTO INEC PORTAL: A DUTY INEC MUST PERFORM AT THE POLLING UNITS -By J.S. Okutepa, SAN. There is no doubt that INEC is under a statutory obligation to transmit election results electronically. The starting point of the argument is paragraph 38 of the INEC manual made pursuant to section 149 of the Electoral Act 2022 and the 1999 constitution as amended. That paragraph which deals with the transmission of result at the polling units is crucial and it imposes a statutory obligations on the part of INEC to upload polling units results on its portal. Before proceeding further, it is important to note that polling units results are the pyramid upon which other results are built. Therefore it is required that the moment polls come to a close and the results are declared, the results must be uploaded on INEC servers or portal. Paragraph 38 of INEC Manual 2022 made pursuant to the provisions of the constitution of the Federal Republic of Nigeria 1999 as amended and section 149 of of the Electoral Act 2022 provides that: On completion of all the Polling Unit voting and results procedures, the Presiding Officer shall: (i) Electronically transmit or transfer the result of the Polling Unit, direct to the collation system as prescribed by the Commission. (ii) Use the BVAS to upload a scanned copy of the EC8A to the INEC Result Viewing Portal (IReV), as prescribed by the Commission. (iii) Take the BVAS and the original copy of each of the forms in tamperevident envelope to the Registration Area/Ward Collation Officer, in the company of Security Agents. The Polling Agents may accompany the Presiding Officer to the RA/Ward Collation Centre. The word used in paragraph 38 of the manual made pursuant to the Electoral Act 2022 is shall. It is mandatory and compulsory. INEC has no option. So the failure to upload results and follow the procedures set out in paragraph 38 of the manual made pursuant to the Electoral Act 2022, is a fundamenal breach that has the potential of rendering the election results that did not follow those procedures null and void. The law is that where the law has set out the procedures to be followed, that procedures and no other must be followed. The Supreme Court in many cases made this point very clear. In Dr Nwankwo & Ors vs. Yar'adua & Ors (2010) LPELR-2109(SC) at P. 42, paras. B-E the Supreme Court said: "I will touch even briefly, on the issue or principle in respect of the laid down procedure in a statute or Rules of Court which was also briefly discussed in Chief Okereke's v. Yar'Adua & Ors. case (supra) @ page 238 - per Onnoghen, JSC. It is now firmly established that where a statute lays down a procedure for doing a thing, there should be no other method of doing it. See the cases of CCB Plc v. The Attorney-General of Anambra State (1992) 10 SCNJ 37 at 163; Buhari v. Yusuf (2003) 6 S.C. (pt.II) 156; (2003) 4 NWLR (Pt.841) 446 @ 492. In the case of Mr. Adesola v. Alhaji Abidoye & anor. (supra). Iguh JSC @ page 96 stated that, where a special statutory provision is laid down, that procedure, ought to be followed and complied with unless it is such that may be waived. The argument that INEC guidelines has no force of law is idle and wayward arguments. There are many decisions of our courts on this. The law has firmly been settled beyond any peradventure that the guidelines issued by INEC are subsidiary legislation made pursuant to Section 153 of the principal Act, Electoral Act, 2010 (as amended) and therefore binding. In the circumstances Exhibits INEC 1 and INEC 2, have the force of law. The Appellants were therefore obliged to comply with the mandatory directives in the time table set out in Exhibit INEC 1. In NDP V INEC NWLR (PT 1319) 176 at 196, it was held that: "The time table is a guideline with the force of law. This is because any action taken outside the published time table is fatal to the Political party involved. The activities and the time schedule set out in the time table are not directory." "See also FALEKE VS. INEC (2016) 18 NWLR (Pt. 1543) 61 at 157; SHINKAFI VS. YARI (2016) 7 NWLR (part 1511) 340; CPC V INEC (2011) 18 NWLR (part 1279) 493 AT 542; AGBALLAH V. CHIME (2009) 1 NWLR (part 1122) 373 at 459; KUBOR VS DICKSON (2013) 4 NWLR (part 1345) AT pp 574- 575 and P.P.A VS INEC (2010) 12 NWLR (part 1207) 70 at pp 105-107. This is not even the question of alterations of the results. It is a question of non-compliance with mandatory statutory provisions. The argument that it is only when the Chief Electoral Officer of the Federation announces the winner of the Presidential election that the results can be uploaded on the INEC portal cannot be correct. There must be uploading of results at the polling units after the polling officers had announced the winner at the polling units.

2023 polls: Group cautions youth against post-election violence

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The National Mass Movement for Better Orientation (NAMMBO), a frontline Tinubu support group, has cautioned youths against indulging in post-election violence in the interest of peace and national development.

The National Coordinator of NAMMBO, Dr Hauwa Bagu, made the call at a news conference to declare vote of confidence on the Chairman, Independent National Electoral Commission (INEC), on Tuesday in Abuja.

She said that the outcome of the election was a clear evidence that democracy was getting stronger in the country.

Bagu commended INEC boss for conducting transparent elections in line with the yearnings and aspirations of Nigerians.

She also urged the aggrieved political parties who were not satisfied with the outcome of recently concluded Presidential and National Assembly elections to seek court redress and avoid inflammatory comments capable of disrupting peacefully coexistence in the country.

Bagu reminded political parties of a peace accord they signed recently under the National Peace Committee for the peaceful 2023 general elections.

She urged the youths not to allow themselves to be used to foment trouble by those who were bent on truncating the nation’s democracy.

Bagu said: “In every competition, somebody must win and that is why we are here today to talk to Nigerians for those that will want to cause problem they should have a rethink.

“We don’t want any violence arising from the outcome of the just concluded elections.

” In the history of elections in Nigeria I don’t think there is any election that can be adjudged free, fair, credible and transparent election like the one we had on Feb. 25, because the process was open.

” We should say no to anybody that want to cause crisis in Nigeria at this point in time because what we need is peace and that is why we voted for Tinubu who is a nationalist and has the capacity to unite the country more.”

Bagu expressed optimism that the emergence of Tinubu as President-elect of Nigeria would usher in progress and development in the country.

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On his part, the Director of Administration of the group, Mohammed Shehu, described the just concluded elections as a watershed in the political history of Nigeria.

He commended INEC for the good work from the voter registration exercise which culminated into the 2023 general elections.

Shehu condemned calls for the cancellation of the Presidential and National Assembly elections, adding that nobody has the right to cancel an election that held except the court.

He said: “Any political party that has any grievances as regards the just concluded Presidential and National Assembly elections should approach the election tribunals for redress.

“If they have water tight evidence the courts are empowered by the law to administer justice without fear or favour.”

Also, the Deputy National Coordinator of NAMMBO, Ibrahim Umar, declared total support of the group on INEC for enhancing the credibility of the electoral process in the country.

Umar said: “We believe that all the processes that INEC took in conducting the Feb. 25 elections were transparent and clear right from the polling units to the INEC collation centres.

“We, therefore, call on all political parties that participated in the elections, especially the opposition to believe in the process and go to courts where necessary.

“However, for us in the All Progressives Congress (APC) we have not challenged areas where we lost the election.

“For instance, President Muhammadu Buhari lost his state to the opposition party, the National Chairman of APC had also lost his state, Nasarawa to the opposition.

“These are signs of transparency in the process. You can recall that in some states in the East were results were allegedly branded.”

According to Umar,nobody challenged the numbers that came in there because, “if we should go by that, then definitely the election will be questioned.”

He emphasised the need for all Nigerians to believe in the sanctity of Nigeria as one indivisible country.

Source – NAN