Trending Stories – Page 186 – National Daily Newspaper

Elections: GTB denies giving N500m new notes to any Presidential candidate

Guaranty Trust Bank Ltd., said it did not give N500 million new notes to any Presidential candidate in the ongoing General Elections, as reported on Twitter...

Latest3 years ago

Election results: Foundation cautions Nigerians against unguided utterances, hate speech

The AID Foundation, a non-governmental organisation promoting good governance, has cautioned Nigerians against making unguided utterances and hate speech over the issues arising from the collation...

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.

Latest3 years ago

2023 polls: Group cautions youth against post-election violence

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...

Photojournalist murdered in Lokoja, suspect on the run

Latest3 years ago

2023: Again PDP rejects INEC results in Kogi

The Kogi People’s Democratic Party (PDP) on Tuesday reiterated its stand of total rejection of results of Saturday’s Presidential and National Assembly elections in the state....

Latest3 years ago

Don’t set Nigeria on fire, Group cautions party supporters

The National Coalition for Peace and Unity (NCPU) has advised political parties and their supporters against utterances capable of tearing the country apart. The coalition’s Protem...

Latest3 years ago

Okowa, Datti call for cancellation of presidential election

The Vice Presidential candidates of the Peoples Democratic Party (PDP), Gov. Ifeanyi Okowa, and Labour Party (LP), Dr Datti Baba-Ahmed, have called for the cancellation of...

Crime3 years ago

House leader Ado Doguwa arrested

Majority leader of the House of Representatives, Alhassan Ado Doguwa has been arrested by men of the Nigeria Police in Kano. Trade Smarter: Unlock Endless...

2 voters reportedly shot dead by hoodlums at a polling unit in Edo State

Crime3 years ago

2 voters reportedly shot dead by hoodlums at a polling unit in Edo State

Two voters identified as Idahosa Festus and Elizabeth Osadebamwen, have passed on. It was gathered that they were both killed by hoodlums on Saturday, February...

Latest3 years ago

INEC to resume presidential election results collation by 2pm

The Independent National Electoral Commission (INEC) will resume the ongoing 2023 Presidential election results collation at 2pm. The National Commissioner and Chairman, Information and Voter Education...

PDP reaffirms future possibilities at Eid-El-kabir

Latest3 years ago

PDP wins Birnin Kebbi, Kalgo, Bunza Fed. Constituency in Kebbi

The Independent National Electoral Commission (INEC), has declared Ibrahim Muhammad winner of Birnin Kebbi, Kalgo, Bunza Federal Constituency in the Feb. 25 election in Kebbi. The...