Presidential poll: INEC deliberately deleted results in BVAS machine, forensic expert tells Court

 

Chigozie Ikpo, Abuja

A witness of the former Vice President, Atiku Abubakar on Thursday, told the Presidential Election Petition Court (PEPC) sitting in Abuja, that the Independent National Electoral Commission (INEC), deliberately deleted election results from the Bimodal Voter Accreditation System (BVAS) machine after the February 25 elections.

Atiku who was the Presidential Candidate of the Peoples Democratic Party Party (PDP) in the last election, in his petition alongside the party, is challenging the victory of President Bola Ahmed Tinubu at the Presidential poll.

The witness, Hitler Nwala, a Digital Forensic Analyst told the court that he conducted a Forensic Analysis of the BVAS machines used in the conduct of the election.

Led in evidence by the Lead counsel for PDP, Chief Chris Uche, Nwala produced a Forensic Analysis report of 110 BVAS machines which he examined, alongside 6 annexures and a certificate of compliance with the evidence act.

In his report, Nwala told the court that nothing was wrong with the BVAS machines deployed by INEC, but that all the results on the machines were deleted at the time of his analysis.

He noted that although INEC said they would reconfigure the BVAS in preparation for the Governorship Election, results in the machines deployed to FCT Abuja on February 25, were also deleted.

Nwala however admitted not to have neither been in Abuja nor interviewed some Presiding Officers who participated in the election.

Chief Uche (SAN) tendered the Forensic Analysis Report with the 6 annexures and the Certificate of Compliance as evidence in their case.

The Presiding Judge, Justice Haruna Tsammani admitted the documents as exhibits despite Objections by the respondents.

At the resumed proceedings, Eyitayo Jegede (SAN) tendered INEC Certified True Copies (CTC) of EC8A forms for 20 LGAs in Ogun, 17 LGAs in Ondo, 27 LGAs in Jigawa and 20 LGAs in Rivers states as evidence in his petition.

Justice Tsammani after admitting the documents, adjourned proceedings till Friday, June 23

.As Obi tenders receipts of documents obtained from INEC

Also, The Presidential Candidate of the Labour Party (LP), in the last election, Mr. Peter Obi has tendered before the Presidential Election Petition Court (PEPC), Abuja, receipts of various certified documents for the February 25 elections, obtained from the Independent National Electoral Commission (INEC) in relation to his petition.

 

Obi and the LP, in a joint petition marked: PEPC/CA/03/2023, are challenging the victory of the President, Bola Ahmed Tinubu, at the polls, sighting irregularities and non-compliance to the Electoral Act as a major ground for his case.

 

At Thursday’s Proceedings, the LP presented her 12th witness to testify in their case before the court.

 

The witness, Yunusa Tanko, Spokesman of the LP Presidential Campaign Council told the court that he was also in the party situation room during the election.

 

Tanko, in his witness statement, referenced all the receipts for the Certified True Copies (CTC) of documents obtained from INEC as well as letters written to INEC in respect of the documents.

 

Lead counsel to the LP, Dr. Livy Uzoukwu (SAN) tendered the receipts and letters as evidence before the court.

 

The Respondents, INEC, Tinubu/Shetimma and the APC did not object to the admissibility of the receipts, but objected to the letters.

 

The Presiding Judge, Justice Haruna Tsammani admitted the documents as exhibits in the petition.

 

Also referenced by Tanko are the press release by INEC on November 11, 2022 signed by the National Commissioner and Chairman, Information and Voter Education Committee, Mr. Festus Okoye, already admitted as evidence yesterday.

 

In the Press release, Okoye described as as “patently false”, the rumour that INEC intends to abandon its decision to transmit election results in real-time from polling units straight to the INEC Result Viewing (IReV) portal, urging the public to disregard it.

 

Tanko also mentioned that he was given CTC of 18,088 blurred election results, uploaded on the IReV portal, of which has been tendered as evidence.

 

Earlier, the LP called her last witness for yesterday, Dr. Chibuike Ugwuoke, for Cross-examination.

 

Justice Tsammani had defied Cross-examination for today, after the respondents said they were served his witness statement yesterday and needed to go through them.

 

During Cross-examination, Dr. Ugwuoke told the court that he was approached by the LP to carry out the Metadata analysis on March 10 and he finished his report in the middle of May.

 

He said his report referred to the Metadata of the IReV portal in respect to three polling units, but added that he used the three polling units to show the possibility of capturing the Metadata of the IReV portal.

 

He also said the Information Security Standard ( ISO2701) which provides a framework for managing an information security management system is a statutory requirement INEC should abide by, under the National Information Technology Development Agency (NITDA) Act.

 

Dr. Ugwuoke agreed that there can be possible errors in the development stage of the BVAS machine but sighted that the probabilities are very minimal.

 

Also invited on Subpoena by the LP, to testify in the petition was Barr. Emmanuel Edet, Head of Legal Services, NITDA

 

He said he was Subpoenaed to tender some documents in respect to communications between the Agency and INEC, but failed to produce any of the three documents requested, saying that the said documents were not in their office.

 

He however stated that though the Subpoena was served to him directly, but that the Director General of the Agency, Kashifu Inua Abdullahi gave his approval, that he should appear before the court.

 

Barr. Edet also mentioned that the NITDA Act does not have the ISO2701:2013 written in it and that the Agency through the Federal Minister of Communications and Digital Economy, Isa Pantami reported 16million hacks on the INEC portal during the election.

 

.Enugu court orders Gov Mbah’s appearance Friday over NYSC certificate forgery

 

Meanwhile, The Enugu State Governorship Election Petition Tribunal on Thursday ordered Governor Peter Mbah to appear before it tomorrow, to testify on his allegedly National Youth Service Corps discharged certificate forgery.

 

The order was a sequel to an application made by the Peoples Redemption Party, through its Counsel, Mr Alex Amujiogo.

 

Mbah, who was declared winner of the March 18, governorship election in Enugu State by the Independent National Electoral Commission is facing a mounting challenge from the Labour Party candidate, Chijioke Edeoga and PRP candidate, Elder Christopher Agu over his alleged forgery of the National Youths Service Corps Discharge Certificate presented to the electoral umpire.

 

The PRP candidate, Agu like the LP candidate is seeking to upturn the declaration of Gov Mbah as the winner of the March 18 governorship election conducted in the State.

 

 

Agu in a petition filed before the Tribunal is claiming among others that Mbah was not qualified to contest the election, having allegedly forged an NYSC discharge certificate, among other issues.

 

At the resumed hearing, on Thursday, the PRP’s counsel, Amujiogo told the tribunal that Mbah was supposed to be in court as a subpoenaed witness.

 

He, however, said from the affidavit deposed to by the bailiff of the Tribunal, it had been difficult to serve Mbah the summon.

 

 

Amujiogo then moved an application, urging the Tribunal to grant a substituted service of the summon on Mbah through his counsel.

 

Although the application was opposed by the three respondents, the INEC, Mbah as well as the Peoples Democratic Party, on the grounds that it was supposed to come by way of motion, supported by an affidavit during the pre-trial session.

 

However, they were overruled by the Tribunal.

 

Consequently, the Chairman of the Panel, Justice K. M. Akano ordered that the subpoena be served on Mbah through his counsel and that he should appear before the Tribunal tomorrow, June 23, 2023.

 

Meanwhile, the PRP governorship candidate had earlier during the session also testified before the Tribunal as PW2.

 

An official of the NYSC from the National Secretariat, Abuja, Mr Aliu Muhammed, who also appeared on behalf of the Director-General of the Corps, tendered an affidavit to the Tribunal, declaring that an order of a Federal High Abuja, was inhibiting them from tendering the disclaimer the Corps made against Mbah’s certificate.

 

Muhammed was in court following a subpoena on NYSC.