Sunday Odibashi

Commonwealth Observer Group urges peaceful elections in Nigeria

The Chairperson of the Commonwealth Observer Group to Nigeria, former President Thabo Mbeki of South Africa on arrival in the country, urged political parties, candidates, party...

News3 years ago

Buhari meets Board chairman of Ethiopian airlines in Addis Ababa, speaks on Nigeria Air

President Muhammadu Buhari on Sunday met with Girma Wake, Ethiopian Airlines Board Chairman, in Addis Ababa during which they exchanged views on the operationalization of Nigeria...

News3 years ago

Military coups were just glorified banditry, armed robbery – Kukah

The Bishop of the Catholic Diocese of Sokoto, Dr. Matthew Hassan Kukah, has berated Nigerian leaders, who he said came to power without preparation, or understanding of...

News3 years ago

Buhari addresses Nigerians from Ethiopia, appeals for patience on prevailing hardship

President Muhammadu Buhari on Sunday addressed Nigerians from Ethiopia, according to a statement from the Presidency. The statement indicated that the President sent a message home...

News3 years ago

Buhari says new cash policy targets improving security, taming corruption

President Muhammadu Buhari has insisted that the cashless policy and Naira swap by the Central Bank of Nigeria (CBN) has short and long term benefits for...

News3 years ago

Buhari dismisses plan to set up interim government, insists elections will hold

President Muhammadu Buhari has dismissed insinuations that he plans to set up an interim government and, therefore, push the 2023 general elections forwards. The Senior Special...

News3 years ago

CSO says counter directive of APC Governors on currency swap is treason

A civil society organisation, Centre for Reform and Public Advocacy, Abuja, on Saturday expressed concerns that the counter directive issued by Governors of the ruling All Progressives...

News3 years ago

Resign if you disagree with Buhari’s naira policy, Atiku’s aide dares Keyamo

The Special Assistant on Public Communications to Atiku Abubakar, Phrank Shaibu, on Saturday called on the Minister of State for Labour and Employment, Festus Keyamo SAN,...

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.

News3 years ago

Nigerians mobilise against APC Govs, say Supreme Court suit not for citizens

Nigerians are beginning to interpret the court action of certain governors of the ruling All Progressives Congress (APC) at the Supreme Court on the new Naira...

News3 years ago

Bawa charges Staff, explore new initiatives to tackle corruption

The Executive Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, at a three-day Management Retreat of the Commission, at the Radisson Blu Anchorage...

National Daily Newspaper

Stories By Sunday Odibashi

Commonwealth Observer Group urges peaceful elections in Nigeria

Buhari meets Board chairman of Ethiopian airlines in Addis Ababa, speaks on Nigeria Air

Military coups were just glorified banditry, armed robbery – Kukah

Buhari addresses Nigerians from Ethiopia, appeals for patience on prevailing hardship

Buhari says new cash policy targets improving security, taming corruption

Buhari dismisses plan to set up interim government, insists elections will hold

CSO says counter directive of APC Governors on currency swap is treason

Resign if you disagree with Buhari’s naira policy, Atiku’s aide dares Keyamo

Nigerians mobilise against APC Govs, say Supreme Court suit not for citizens

Bawa charges Staff, explore new initiatives to tackle corruption