Governorship polls: 70 CSOs, PDP kick against INEC’s move  to  configure BVAS machines

 

It’s a plot to destroy evidence of flawed presidential election, says party

.As Appeal Court delivers ruling in umpire’s prayer in the case Wednesday

 

Obiora Ifoh, Abuja

The Nigeria Civil Society Situation Room, on Tuesday, kicked against the decision of the Independent National Electoral Commission, INEC, to reconfigure the Bimodal Voter Accreditation System, BVAS, it used for the presidential election.

The Situation Room, which is a coalition of 70 Civil Society Organizations, CSOs, working in support of credible and transparent elections in the country, in a statement it issued in Abuja, said it was concerned about the question of preservation of data collected during the Presidential and National Assembly elections that held on February 25.

“Situation Room will like the Independent National Electoral Commission (INEC) to clarify to the public how it intends to ensure that data collected in the Bimodal Voter Accreditation System (BVAS) used in the election will be preserved for use in the review and audit of the elections.

“Electoral accountability requires that information collected during elections are preserved for use in the audit and review of the election and for accountability purposes.

“In the light of the disputations that have emerged and the controversy surrounding the 2023 general elections, Situation Room is asking INEC to ensure that its records and data related to the election are held safely and securely to ensure its use for the purposes of scrutiny and accountability.

“Reports indicating that the BVAS may need to be reconfigured or even erased for the upcoming State Governorship and State Houses of Assembly elections due on Saturday, 11th March 2023 is a serious cause for concern and we worry that this could further pose additional credibility questions over the integrity and conduct of the 2023 general elections”, the statement, which was signed by conveners of the CSOs, Ene Obi, Asma’u Joda and James Ugochukwu, further read.

Meanwhile, the People’s Democratic Party, PDP has alerted the nation of the plot by the Independent National Electoral Commission, INEC to destroy the evidence of the rigging of the presidential election held February 2023.

The PDP said that late Monday at 10: 10 pm, INEC in a desperate move to prevent PDP and Candidate from obtaining necessary evidence as Ordered by the Court, filed a motion requesting that it be allowed to reconfigure the BVAS machines and wipe out relevant information that the Party and Candidate require to prosecute their case at the Presidential Election Tribunal.

Speaking in a press conference, the National Publicity Secretary of PDP, Debo Ologunagba, “This reprehensible action by INEC to frustrate the desire of Nigerians to get redress through the court is a clear recipe for crisis and a deliberate design by the Commission to derail our democracy and trigger anarchy in the country.

“Nigerians can recall how the INEC Chairman, Prof. Mahmood Yakubu superintended over the manipulation of the results of the Presidential election and hurriedly announced a winner in spite of widespread outcry and complain over numerous evidence of malpractices and violation of several provisions of the Electoral Act, 2022 by INEC and its officials.

“The INEC Chairman bypassed all the steps and procedures provided by the Electoral Act, 2022 for the declaration of results, including to announce and declare only results that were transmitted directly from the Polling Units to the INEC Server/Website and to review the results in the event of disputes and objections as to the correctness and consistency of the collated result.

“For emphasis Section 64 (6) of the Electoral Act clearly states that;

“(6) Where during collation of results, there is a dispute regarding a collated result or the result of an election from any Polling Unit, the collation officer or returning officer shall use the following to determine the correctness of the disputed result-

“(a)        the original of the disputed collated result for each Polling Unit where the election is disputed;

“(b)the smart card reader or other technology device used for accreditation of voters in each polling unit where the election is disputed for the purpose of obtaining accreditation data directly from the smart card reader or technology device

 

” (c) data of accreditation recorded and transmitted directly from each polling unit where the election is disputed as prescribed under section 47 (2) of this Act

 

(d) the votes and result of the election recorded and transmitted directly from each polling unit where the election is disputed, as prescribed under section 60 (4) of this Act.

 

Furthermore, Section 65 (1)(c) of the Electoral Act, 2022 states as follows;

 

65. 65.-(1) The decision of the returning officer shall be final on any question arising from or relating to-…. (c) declaration of scores of candidates and the return of a candidate;

 

“Provided that the Commission shall have the power within seven days to review the declaration and return where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations and guidelines, and manual for the election.

 

“Instead of being guided by the law, the INEC Chairman brazenly announced and declared results that were not transmitted directly from the Polling Units to INEC’s Server/Website while ignoring the objections and complaints raised during the collation in complete disregard to the provisions of the Electoral Act.

 

“Despite the provocative act of the INEC Chairman, the PDP as a law-abiding Party approached the court and obtained an Order directing INEC to, among other things, grant our Party and Candidate unrestrained access to carry out a forensic examination of the ballot papers, Data forms, BVAS/and or card readers and all other necessary information, material and evidence to get redress for Nigerians at the Election Tribunal.

 

“Apparently panicked by the Order, INEC rushed to court to file a motion requesting the court to allow it reconfigure the BVAS devices with the view to erasing the information contained therein.

 

“In the obnoxious motion, INEC admitted that; the “BVAS Application stores the Accreditation Data for all voters accredited on the device for the Presidential, Senatorial Districts and House of Representatives elections conducted on the 25th February, 2023” and that the reconfiguration of the BVAS devices “entails purging the Accreditation Data on the BVAS devices”.

 

“This action by INEC is vexatious, provocative and only points to the impunity and culpability of the Commission with regards to the reported manipulations and alteration of results to deny our Party and its Candidate their victory at the Presidential election. It further validates the fact that our Party and Presidential Candidate won the February 25, 2023 Presidential election, based on the actual votes cast at the Polling Units.

 

“If INEC has nothing to hide, why was it in a hurry to declare manipulated results without recourse to the provisions of the Electoral Act and without consideration of the disputes, objections and complaints raised by Parties during the collation process? Why is INEC panicky and desperate to erase the data in the BVAS if not that they contain evidence of malpractices and its culpability in the election?

 

“The PDP as a law-abiding Party will continue to pursue the matter in accordance with the law. We believe that despite the shenanigans by INEC, justice will be served at the end of the day.”

However, the Appeal Court will on Wednesday deliver ruling in the application by the Independent National Electoral Commission (INEC) seeking leave to configure the Bimodal Voter Accreditation System (BVAS) for the governorship election.

INEC in its motion dated March 4, asked the appellate court to vary the ex parte order made in favour of Labour Party and the People’s Democratic Party, (PDP), with regards to inspection of materials used for the presidential election.

The News Agency of Nigeria, (NAN) reports that the appellate court had on March 3, granted leave to Atiku Abubakar of the PDP and Mr Peter Obi of Labour Party to inspect election materials used by INEC to conduct the Feb. 25 presidential election.

The court granted 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 (APC).

The commission is asking the court to vary the order to allow it to reconfigure its Bimodal Voter Accreditation System (BVAS) for the March 11 governorship and state houses of assembly elections.

Counsel to INEC, Tanimu Inuwa , SAN said the application became necessary following an order restraining it from tampering with the information embedded in the BVAS machines until due inspection was conducted and Certified.

He added that the commission would require sufficient time to reconfigure the BVAS needed to conduct the election that would take place on Saturday.

He told the court that INEC would “upload from back-end”.

In his argument, counsel for Obi, Dr Onyechi Ikpeazu , SAN prayed the court not to grant INEC’s application for granting it would mean losing the original information there.

”All we are seeking is for a physical inspection of the BVAS so that the evidence is obtained before it will be configured ” he told the court.

He therefore, opposed INEC application and urged the court not to grant it.

The three-member panel of the appellate court after listening to their submissions adjourned until Wednesday for ruling.