Osun Tribunal Puts INEC on Edge over BVAS The judgment of the Osun State Election Petitions Tribunal nullifying the election of Ademola Adeleke as governor of the state and declaring Gboyega O
The judgment of the Osun State Election Petitions Tribunal nullifying the election of Ademola Adeleke as governor of the state and declaring Gboyega Oyetola validly elected as governor, has raised many questions over the credibility of the much-touted Bimodal Voters Accreditation System, which the Independent National Electoral Commission described as the game changer for the 2023 general election,It is no longer news that the Osun State Election Petitions Tribunal sitting in Osogbo,...
All through the sitting of the tribunal, analysts posited that the technology INEC deployed for the gubernatorial poll – BVAS – was on trial. INEC guidelines say BVAS shall be the only mode of accreditation for the purpose of the election. All voters were subjected to it before they were issued with ballot papers to vote.
During its sittings, the Tertsea Aorga Kume-led panel admitted and marked 976 BVAS machines as exhibits. Oyetola’s counsel, Akin Olujinmi alleged that in some polling units BVAS was not used, and this enabled irregularities to take place. According to the panel, none of the witnesses of the respondents disputed the evidence of the petitioners as regards over-voting on the BVAs report, just as the INEC did not withdraw the BVAS report issued to the petitioners.
Justice Agbuli held that relying on exhibit BVR to reach the conclusion of the judgment is not reasonable. “In view of the following I hold that exhibit BVR is a product of inadequacies and cannot be the best evidence for the determination of the accurate number of accredited voters on the 16th July 2022 election. The same is true of exhibit RBVR; the best evidence to that regard is RBVL, 1-119 down to RBVL 1-59 used in the polling units under contest and I so hold”, he added.
“The second member [of the tribunal] – the Honourable Justice who dissented from his two colleagues – said, ‘I would rather use the primary source of this information, and the primary source of this data is actually the machine itself.
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