With less than one month to the general elections scheduled to hold on February 25, the verdict of the Osun State Election Petitions Tribunal on Friday nullifying the July 16 governorship election on the basis of over-voting even with the deployment of Bimodal Voters Accreditation System (BVAS) is raising concerns in the polity. The tribunal in its ruling had voided the election of Governor Ademola Adeleke of the Peoples Democratic Party (PDP) and declared the immediate past governor and All Progressives Congress (APC) candidate, Gboyega Oyetola as the winner of the election.
With less than one month to the general elections scheduled to hold on February 25, the verdict of the Osun State Election Petitions Tribunal on Friday nullifying the July 16 governorship election on the basis of over-voting even with the deployment of Bimodal Voters Accreditation System is raising concerns in the polity.
It, therefore, instructed the Independent National Electoral Commission to withdraw the certificate of return issued to Adeleke and his deputy, Kola Adewusi and directed that the certificate of return be issued to Oyetola instead. In the judgement on Friday, the tribunal held that INEC did not comply substantially with the constitution and the provisions of the Electoral Act.
Sections 47 of the 2022 Electoral Act says that to vote, the presiding officer shall use the smart card reader or any other technological device that maybe prescribed by the Commission for the accreditation of voters to “verify, authenticate the intending voter in the manner prescribed by the Commission.”
But INEC has continued to allay such fear, maintaining that with BVAS and the new Electoral Act, rigging and manipulation of the electoral process was no longer possible. He said the defence by the respondents on the over-voting was unreliable and blamed INEC for producing contradictory results, stating that it put a question mark on the readiness of the Commission to conduct credible elections.
Justice Kume said, “In other words, the defences of the respondents are taint with fundamental flaws; they are irreconcilable and unreliable, incapable of defeating the credible evidence tendered by the petitioners in respect of the 744 polling units where over-voting has been established. “The said conduct of the respondents, especially the first respondent, amounts to tampering with official records. The conduct of the first respondent in the said election under consideration has produced multiple accusation reports, contrary to vote declaration to conduct of free, fair and credible elections on the basis of one man or woman with one vote.
But in a minority decision, a member of the panel, Justice A. Ogbuli, dismissed Oyetola’s petition, saying the primary source of data on Election Day, which were the BVAS machines, should have been relied on by the panel instead of BVAS reports brought by the petitioners. “The exhibit on RWC is in existence and was there on the machine on the date of election. Section 64 subsections 4,5 and 6 of the Electoral Act recognised BVAS machines as a key material to be used in collation of result and in resolution of any dispute arising there from.
He also said the judgement was a pointer that those expressing reservations about the use of BVAS in the forthcoming elections should not be vilified. While stressing the need for INEC to re-examine its methodology, the professor of sociology expressed the possibility that the basis in which the tribunal gave its judgement might be caused by poorly trained INEC officials.
Olurode, however, expressed concern about the entire justice and electoral system, noting that a situation where the court is allowed to decide for citizens in terms of choosing leaders would not augur well for the country. “And this is what technology was meant to prevent. It used to be in the hands of presiding officer but now, how could there be more vote than what was accredited, it means that somebody somewhere stuffed the ballot box.
A former head of publicity, INEC, Andy Ezeani, also re-echoed Olurode’s sentiment. Ezeani maintained that though the development called for concern, Nigerians should have confident in the ability of INEC to deliver a credible election. “This is because BVAS uses the number of people that are registered in a particular polling unit and it is only those whose names are there in that polling units that will be allowed to vote. It is programmed to do so. If we are now talking of having over-voting in an area, it raises a lot of questions and that means something actually went wrong that needs to be looked into by the commission.
He explained: “This is because immediately Adeleke files an appeal, the matter have become subjudice again and the commission cannot afford to see itself to be given the judgement above the judgement. Unfortunately, the commission has to keep calm and everybody would have to wait till after the elections.
Osaze-Uzzi, who also served as the director of Voter Education and Publicity, INEC, said the device was meant to expose irregularities and ensure that the old way of doing things and rigging elections was eliminated.
Nigeria Latest News, Nigeria Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Osun tribunal: Pro-Adeleke protests in Osun, Oyetola’s loyalists stage carnivalOsogbo, the capital of Osun State, was on Saturday rocked by protests, leading to blockage of major roads and disruption of vehicular and human movements.
Read more »
Osun ruling signals APC 2023 victory - GbajabiamilaThe Speaker of the House of Representatives, Femi Gbajabiamila, has congratulated the candidate of the All Progressives Congress in the last governorship election in Osun State, Adegboyega Oyetola, on his victory at the election tribunal.
Read more »
Multiple factors could shape the outcome of Nigeria’s 2023 elections (3), By Uche IgweWith the elections fast approaching, it is difficult to predict a straight victory for any of the top three candidates in the first run.
Read more »
2023: Zamfara NSCDC assures residents of peaceful electionsThe Zamfara State Command of the Nigeria Security and Civil Defence Corps, NSCDC, has assured residents of the state of a peaceful and rancor free general
Read more »
Learn From Mistakes In Osun Ahead Of General Elections – Ex-Governor Oyetola Tells Nigerian Electoral Body, INEC | Sahara ReportersA former Governor of Osun State, Gboyega Oyetola, has said that the judgement delivered by the Osun Election Petition Tribunal on Friday will give the Independent National Electoral Commission (INEC) the chance to adjust their anomalies before the February general elections. SaharaReporters had reported that Osun State Elections Petitions Tribunal had nullified the election of Ademola Adeleke of the Peoples Democratic Party (PDP) and declared Oyetola, governorship candidate of the All Progressives Congress in the July 16, 2022, election as the winner of the election.
Read more »
Heavy security in Osogbo as Osun election petition tribunal delivers judgmentThere is heightened security in Osogbo, the Osun State capital, in anticipation of the judgment to be delivered by the Osun gubernatorial election
Read more »