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Supreme Court Decision On The Use Of Card Reader In An Election - Politics - Nairaland

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Double Nomination: Supreme Court Decision, A Setback For Democracy - Atiku / Tribunal Rules On Atiku’s Petition Challenging Inec’s Use Of Card Readers / 2019 General Elections In Jeopardy As Card Reader Loses Out To Presidency (2) (3) (4)

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Supreme Court Decision On The Use Of Card Reader In An Election by kahal29: 3:03am On Mar 21, 2019
Nine days ago the Supreme Court adduced reasons why it upheld the results of last year’s Rivers State governorship election even though both the Rivers State Governorship Election Tribunal and the Election Appeal Tribunal earlier annulled the election on the grounds of substantial non-compliance with the law and election guidelines.

The apex court ruled that both courts were wrong to place emphasis on the non-use of card reader machines in nullifying Governor Nyesom Wike’s election victory.


Justice Kudirat Kekere-Ekun, who delivered the lead judgement, said until the National Assembly amends the Electoral Act to give the card reader a statutory backing, it cannot be the basis for nullifying any election.

She praised the Independent National Electoral Commission [INEC] for introducing the card reader in order to improve upon the credibility of elections but said there is a difference between the Constitution, the Electoral Act and the manual and guidelines made by INEC pursuant to powers granted it by the Electoral Act.


She ruled that card reader, which is part of INEC’s election guidelines, cannot therefore supersede the electoral register which is provided for in the Electoral Act.

The Chief Justice of Nigeria Justice Mahmud Mohammed as well as Supreme Court Justices Ibrahim Tanko Muhammad, Sylvester Ngwuta, Kumai Aka’ahs, John Okoro and Amiru Sanusi all concurred.


Their lordships’ thinking on the matter is made clearer by the statements of the other justices.

Justice Tanko Muhammad said, “I agree that failure to follow the manual and guidelines made in exercise of the powers conferred by the Electoral Act cannot in itself render the election void. This should [however] not be understood to mean that the innovation of the card reader is in conflict with the relevant sections of the Electoral Act.”

Justice Aka’ahs on his part said, “Introduction of the card reader is certainly a welcome development in the electoral process. Although it is meant to improve on the integrity of those accredited to vote so as to check the incidence of rigging, it is yet to be made part of the Electoral Act. Section 138(2) of the Electoral Act envisages a situation where the Electoral Commission issues instructions or guidelines which are not carried out. The failure of the card reader machine or failure to use it for the accreditation of voters cannot invalidate the election.”

Basically the same line of argument was used by the Supreme Court justices to uphold other governorship election results, namely those of Mr. Dave Umahi in Ebonyi State, of Mr. Ikpeazu in Abia State, of Governor Udom Emmanuel in Akwa Ibom State and of Governor Ibikunle Amosun of Ogun State.

Some of these elections had earlier been annulled by election tribunals or election appeal tribunals based on the strength of evidence from card readers. This revolutionary machine, which was used for the first time in the 2015 election, recorded the exact number of voters that were accredited in each polling unit. Where it was jettisoned by the election officials, probably in connivance with candidates and security agents, the card reader recorded zero accreditation. This information was relied upon by many of the lower courts to prove cases of overvoting but the Supreme Court now ruled that it cannot be relied upon.

http://www.dailytrust.com.ng/supreme-court-and-card-reader.html

1 Like

Re: Supreme Court Decision On The Use Of Card Reader In An Election by kahal29: 3:04am On Mar 21, 2019
The new word in town now is INEC server

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Re: Supreme Court Decision On The Use Of Card Reader In An Election by Ratello: 3:46am On Mar 21, 2019
kahal29:
Nine days ago the Supreme Court adduced reasons why it upheld the results of last year’s Rivers State governorship election even though both the Rivers State Governorship Election Tribunal and the Election Appeal Tribunal earlier annulled the election on the grounds of substantial non-compliance with the law and election guidelines.

The apex court ruled that both courts were wrong to place emphasis on the non-use of card reader machines in nullifying Governor Nyesom Wike’s election victory.


Justice Kudirat Kekere-Ekun, who delivered the lead judgement, said until the National Assembly amends the Electoral Act to give the card reader a statutory backing, it cannot be the basis for nullifying any election.

She praised the Independent National Electoral Commission [INEC] for introducing the card reader in order to improve upon the credibility of elections but said there is a difference between the Constitution, the Electoral Act and the manual and guidelines made by INEC pursuant to powers granted it by the Electoral Act.


She ruled that card reader, which is part of INEC’s election guidelines, cannot therefore supersede the electoral register which is provided for in the Electoral Act.

The Chief Justice of Nigeria Justice Mahmud Mohammed as well as Supreme Court Justices Ibrahim Tanko Muhammad, Sylvester Ngwuta, Kumai Aka’ahs, John Okoro and Amiru Sanusi all concurred.


Their lordships’ thinking on the matter is made clearer by the statements of the other justices.

Justice Tanko Muhammad said, “I agree that failure to follow the manual and guidelines made in exercise of the powers conferred by the Electoral Act cannot in itself render the election void. This should [however] not be understood to mean that the innovation of the card reader is in conflict with the relevant sections of the Electoral Act.”

Justice Aka’ahs on his part said, “Introduction of the card reader is certainly a welcome development in the electoral process. Although it is meant to improve on the integrity of those accredited to vote so as to check the incidence of rigging, it is yet to be made part of the Electoral Act. Section 138(2) of the Electoral Act envisages a situation where the Electoral Commission issues instructions or guidelines which are not carried out. The failure of the card reader machine or failure to use it for the accreditation of voters cannot invalidate the election.”

Basically the same line of argument was used by the Supreme Court justices to uphold other governorship election results, namely those of Mr. Dave Umahi in Ebonyi State, of Mr. Ikpeazu in Abia State, of Governor Udom Emmanuel in Akwa Ibom State and of Governor Ibikunle Amosun of Ogun State.

Some of these elections had earlier been annulled by election tribunals or election appeal tribunals based on the strength of evidence from card readers. This revolutionary machine, which was used for the first time in the 2015 election, recorded the exact number of voters that were accredited in each polling unit. Where it was jettisoned by the election officials, probably in connivance with candidates and security agents, the card reader recorded zero accreditation. This information was relied upon by many of the lower courts to prove cases of overvoting but the Supreme Court now ruled that it cannot be relied upon.

http://www.dailytrust.com.ng/supreme-court-and-card-reader.html

This year there will be a change because it was the first time it was used in 2015 but this year the INEC chairman confirmed that it will be accredited as part of our elections and going by the provisions of the Amended Electoral Laws, it is a good stand to defend the usage of the card reader to authenticate the validity of results in case of legal tussles.
Re: Supreme Court Decision On The Use Of Card Reader In An Election by OddsIsland(m): 5:13am On Mar 21, 2019
If the electoral laws were amended good for Atiku

1 Like

Re: Supreme Court Decision On The Use Of Card Reader In An Election by Introvertedmarc: 6:16am On Mar 21, 2019
the card reader recorded zero accreditation. This information was relied upon by many of the lower courts to prove cases of overvoting but the Supreme Court now ruled that it cannot be relied upon.

Buy this time... it did not and maybe probably tallyed with the Inec servers
Re: Supreme Court Decision On The Use Of Card Reader In An Election by GolDRoger: 6:26am On Mar 21, 2019
Am tayad of this election drama
especially that of the Rivers state



meanwhile pls check my signature on how to make cool cash i have confirmed it personally its REAL
Re: Supreme Court Decision On The Use Of Card Reader In An Election by bixton(m): 7:02am On Mar 21, 2019
Ratello:


This year there will be a change because it was the first time it was used in 2015 but this year the INEC chairman confirmed that it will be accredited as part of our elections and going by the provisions of the Amended Electoral Laws, it is a good stand to defend the usage of the card reader to authenticate the validity of results in case of legal tussles.

If you actually voted then you'll not be saying that except..............
The next thing to do would probably to tell the court and INEC to cancel the election, and that will also not happen because there's no fund to conduct fresh elections in this country.
All they are trying to do is come up with a strategy that was pre-planned but its actually not working, judging by the way they filed their case.

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Re: Supreme Court Decision On The Use Of Card Reader In An Election by senatordave1(m): 7:06am On Mar 21, 2019
Ratello:


This year there will be a change because it was the first time it was used in 2015 but this year the INEC chairman confirmed that it will be accredited as part of our elections and going by the provisions of the Amended Electoral Laws, it is a good stand to defend the usage of the card reader to authenticate the validity of results in case of legal tussles.
How will they be a change? Was there an amendment in our laws to reflect it or not? Better accept the failure of atiku

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Re: Supreme Court Decision On The Use Of Card Reader In An Election by jlinkd78(m): 7:08am On Mar 21, 2019
G
Re: Supreme Court Decision On The Use Of Card Reader In An Election by REDshouse(m): 7:13am On Mar 21, 2019
Atiku Inec server is different from Inec card Reader....

.....Atiku have started creating Jobs for the hackers....

More Jobs to be created by employing more lawyers and over 40000 witnesses...

Atiku the online President

Atiku the social media server president...

Atiku the Twitter and facebook server president..

OPONU

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