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INEC Challenges Atiku, Obi’s Suit on BVAS, Asks Court to Vary Orders

Published

3 weeks ago

March 7, 2023

Eric

The Independent National Electoral Commission has asked the Presidential Election Petition Court to vary the orders that were granted to the candidates of the Peoples Democratic Party and Labour Party, Atiku Abubakar and Peter Obi, respectively, to inspect materials used for the last presidential election.

INEC, in a motion on notice filed on March 4, is praying the court to vary the order which restrained it from tampering with materials used for the election.

The commission said it needed to reconfigure the Bimodal Voter Accreditation System for the next round of elections.

The appellate court had on March 3 granted leave to Atiku and Obi to inspect election materials used by INEC in the conduct of the February 25 presidential election.

A panel of the appellate court led by Justice Joseph Ikyegh granted the permission following two separate ex parte applications filed by Atiku and Obi, who came second and third respectively in the presidential election won by Asiwaju Bola Tinubu of the All Progressives Congress.

In the application filed by the commission and sighted by NAN, the commission is asking the court to vary the order to allow it to reconfigure its 176,846 BVAS for the March 11 governorship and state houses of assembly elections.

NAN reports that it is the sole prayer in the application of the electoral umpire filed at the court.

No date has however been fixed for hearing of the application.

According to a source, considering the number of BVAS required to conduct the election across the states, INEC needs to reconfigure the BVAS used for the February 25 elections and deploy them to polling units for the March 11 elections.

The source said that the technical team of the commission had to be deployed on time to start the reconfiguration of the devices, which had to be done one by one.

The official further said the order was pertinent as not getting it could result in the postponement of the Saturday governorship and state houses of assembly elections.

BVAS machines

The credible source explained that the application became necessary following the order restraining INEC from tampering with the information embedded in the BVAS machines until the due inspection was conducted and Certified True Copies of them were issued, noting that the commission would require sufficient time to reconfigure the BVAS needed to conduct the polls.

The INEC National Commissioner and Chairman of Voter Education and Publicity, Festus Okoye, could not be reached for a reaction on Monday as he did not respond to several calls and the text message sent to him on the issue.

Meanwhile, the PDP has said the ruling of the Court of Appeal granting its presidential candidate permission to inspect election materials had yet to be complied with by the electoral commission.

A member of the National Working Committee of the party disclosed this to The PUNCH on Monday.

Speaking on condition of anonymity, the NWC member stated that part of the reason for the protest by the party chieftains on Monday was the refusal of the commission to obey the order of the appellate court.

“The legal team of the PDP has not commenced the process of inspecting the documents used for the election, not because it is not ready but because INEC has not granted the team access to the materials.

“It is too early to say that they have an ulterior motive but they can’t deny us of our right. They can only delay the process but they cannot stop the PDP.

“If in the next few days, they don’t grant us access to the documents, there is a provision of the law that will compel them to obey the pronouncement of the court,” he said.

When contacted, the Director of Strategic Communications, National Election Management Committee of the PDP Campaign Council, Dele Momodu, stated, ‘’Don’t you think INEC has abused that ruling? They may also have appealed the ruling and if that is the case, there is nothing we can do in the interim.’’

Meanwhile, the PDP has welcomed the application by INEC seeking leave of the court to reconfigure the BVAS.

The Deputy National Publicity Secretary of the PDP, Ibrahim Abdullahi, described the development as “A second litmus test of the INEC’s commitment to credible polls.”

But the All Progressives Congress on Monday night asked INEC to educate Nigerians on why it needed to reconfigure the BVAS ahead of Saturday’s election.

APC seeks explanations

Speaking in an interview, the Chief Spokesman for the APC presidential campaign council, Festus Keyamo, disclosed that though INEC had been vested with the power to hold elections in the country, it still owed Nigerians an explanation on why the technological device should be reconfigured.

He said, “INEC has the statutory powers to do whatever it is they are doing. And if they have to work within those powers to ensure that the elections are free and fair, then there is no problem so long as they explain to the parties what they are doing to avoid giving room for suspicion.

‘’The need to reconfigure those systems is also not clear enough to me. I think INEC needs to explain to the public very well why it needs to do that in a psychological sense because this is about technology.

The Punch

Featured

PDP Suspends National Chairman, Ayu at Ward Level

Published

18 hours ago

March 26, 2023

Eric

The Peoples Democratic Party (PDP) on Sunday announced the suspension of its National Chairman, Dr. Iyorchia Ayu, for alleged anti party activities.

Ayu was suspended by the PDP Ward Executives of his Igyorov Ward in Gboko Local Government Area of Benue State.

The PDP Ward Secretary, Vangeryina Dooyum, on behalf of Kashi Philip, who is the Ward chairman, told journalists in Makurdi, that the national chairman’s suspension followed his alleged anti party activities.

The secretary in a statement signed by 12 out of the 17 member Ward Executives, noted that the decision to suspend the National Chairman was reached after the leadership reviewed his conduct at the end of the just concluded general elections.

The secretary, who was flanked at the press conference by the ward chairman and other members of executive, read from the statement which announced Ayu’s suspension.

“We observed with utmost dismay that, Dr. Iyorchia Ayu who is the National Chairman of the PDP worked against the success of the party in Igyorov Council Ward.

“It is on record that, he has also failed to pay his Annual Subscription Fees as provided under Section 8 (9) of the constitution of the PDP 2017 (As Amended).

“Further investigation also revealed that, he did not vote during the Governorship and State Assembly Elections held on March 18, 2023.

“It was also discovered that, most of his closest allies worked for the opposition party, the All Progressive Congress (APC) and hence, the abysmal performance of the PDP in Igyorov Ward.

“In view of the foregoing, we hereby pass a Vote of No Confidence on Dr. Iyorchia Ayu and suspend him as a member of our party with immediate effect. The suspension takes effect from March 24, 2023.”

Recall that the PDP at the state level during the weekend passed a vote of confidence on Governor Samuel Ortom, whom the national chairman’s led executive at the apex level referred to its disciplinary committee.

The PDP in Benue State passed a vote of confidence on Ortom for what they described as his steadfast loyalty and selfless, sacrificial leadership to the party.

State Publicity Secretary of PDP, Bemgba Iortyom, in a statement signed on behalf of the party’s state working committee in Makurdi at the weekend called on its national body to rescind decision referring the governor to its disciplinary body.

“We have noted with grave concern the action taken yesterday by the National Working Committee (NWC) of the party in referring Governor Samuel Ortom to its Disciplinary Committee to answer to charges of anti party activities preferred against him.

“Benue PDP finds it difficult to understand the rationale by which anti party activities are determined at the National Secretariat by the NWC such as sees one out of the G-5 Governors singled out for punitive action on ground of that offence, and what the procedure is for meting out punitive measures against such anti party activities where some persons including Professor Dennis Ityavyar having been suspended without facing any disciplinary Committee.

“The party feels strongly that in fulfilling its duty as a state chapter it must remind the NWC of the implications of its current action against Governor Ortom and others.

“It is, therefore, a motion of the Benue PDP SWC that a Vote-of-Confidence be passed on Governor Samuel Ortom for his steadfast loyalty and selfless, sacrificial leadership to our great party, PDP.

“We equally call on the NWC to explore exhaustively options towards fostering reconciliation, unity, re-branding and repositioning of the party to recover its lost glory,” the statement reads partly.

The party further argued that the action runs in contempt of a subsisting court injunction restraining PDP at all levels from taking any punitive action against the Benue State Governor pending the determination of a substantive suit which is lying before a court of competent jurisdiction on the matter.

Daily Trust

Featured

Declare Ogun Guber Polls Inclusive, Order Re-run, Group Tells INEC

Published

18 hours ago

March 26, 2023

Eric

A group, under the aegis of Vanguard for Democracy and Good Governance, has called on Independent National Electoral Commission (INEC) to desist from issuing the certificate of return to the Ogun State governor, Dapo Abiodun.

In what it earlier term a ‘sham’, the group had earlier called on INEC to review the result of the just concluded governorship election in the state as, according to it, the election did not produce a winner yet.

In a communique made available to newsmen in Abuja on Sunday, the group urged INEC to not issue a certificate of return to Governor Abiodun, as the governorship election is inconclusive by all standards.

“While we commend INEC on the introduction of the bimodal voter accreditation system (BVAS) and the result viewing portal (IREV) which have largely improved electoral conduct in the country, we make bold to say that the election in Ogun State, despite being marred with all forms of electoral malpractices, still did not produce a winner, in accordance with the Electoral Act.

“As clearly observed, INEC flippantly went ahead to announce a winner rather than declaring it inconclusive, as the margin between the top two leading candidates is far lesser than the total number of cancelled votes in some areas. In this case, the difference between Governor Dapo Abiodun of the APC who polled 276,295 and the 262,383 votes polled by Ladi Adebutu of the PDP was only 13,912, with cancelled votes amounting to 33,750.

“The Electoral Act 2022 is clear on what should be done in such circumstance. We hereby refer INEC to the article in our supreme Electoral Act which states that, “Where the difference between the winner and the loser is less than cancelled vote, the results should be inconclusive.”

“This particular case is one fraudulent one and INEC need do the needful rather than taking steps that attract an avoidable litigation and put the commission in bad light.

“On this note, we enjoin INEC to embrace justice by withholding the certificate of return in the Ogun guber until a rerun election is declared and conducted,’ the statement read in part.

Featured

Osun: Governor Adeleke Floors Oyetola at Appeal Court

Published

3 days ago

March 24, 2023

Eric

The Court of Appeal on Friday set aside an earlier election tribunal verdict that declared Gboyega Isiaka of the All Progressives Congress as the winner of the last Osun state governorship election.

The court in its ruling confirmed Ademola Adeleke of the People’s Democratic Party as the winner of the election.