The All Progressives Congress and its governorship candidate in Delta
State in the April 11 poll, Olorogun Oghenetega Emerhor, have alleged
that INEC employees in the state have been engaged to testify against
the “mandatory use of card reader” in the 2015 general elections.
In a petition to INEC by its counsel, Messrs S. M. Egbune & Co,
APC and Emerhor said they had uncovered moves by “INEC staff to testify
under oath in denial of the mandatory status of the use of card readers
in the April 11, 2015 governorship election in the state.”
The election, won by the Peoples Democratic Party’s candidate in the
election, Dr. Ifeanyi Okowa, is currently the subject of litigation at
the Governorship Election Petitions Tribunal, sitting in Asaba, the
Delta State capital.
In the petition, the APC and Emerhor alleged that that the counsel
for INEC at the Asaba tribunal, Messrs D. D. Dodo, planned to use
“Messrs Enabor Felix, Livy Unigwe, and Donatus Anumba in their capacity
as staff of INEC to depose to witness statements on oath” to contradict
INEC position on the mandatory use of card readers for the said
election.
The petitioners explained that the INEC staff had contradicted the
electoral umpire’s position on the compulsory use of card readers in
their witness statements.
Alleging that the commission’s employees had “willfully and wrongly
misstated” INEC’s position on the use of card readers in their planned
witness statement, APC and Emerhor quoted the INEC employees to have
stated, “Denies that 3rd respondent (INEC) prescribed the mandatory use
of electronic card readers for the accreditation of voters for the
election held on April 11, in each of the polling units in each Local
Government Area of Delta State.
“That the Electoral Act is a comprehensive Act, which deals with the
conduct of elections in Nigeria. Electoral Act 2010 (as amended)
provides for the only mode of accreditation of voters, which is solely
through the register of voters. Accreditation at an election is
regulated by the Electoral Act 2010 (as amended).
“That the introduction of Card Reader Machine is a mere instruction
at the election to facilitate the accreditation process and does not in
any way equate with or obliterate the express provisions of the
Electoral Act, which are extant for all purposes.”
APC and Emerhor further alleged that the INEC employees had said in
their statement that the commission had envisaged that the card reader
could fail, which would necessitate the use of manual accreditation.
They quoted the INEC staff as adding, “That from inception, it was
contemplated that upon failure of the Card Reader Machine, other
contingencies will be resorted to in order to ensure that election is
duly conducted and that legitimate voters are not disenfranchised.
“That the ultimate mechanism was a resort to the manual accreditation
as provided for in the Electoral Act. That with the challenges
presented by the Card Reader Machines, the process of accreditation
proceeded as was expressly provided for in the Electoral Act. There were
no acts of non-compliance which materially affected the result of the
election.”
APC
and Emerhor, in the petition, argued that the said INEC officials “are
misrepresenting INEC and are not acting on INEC’s directives but are out
to embarrass the commission and put its well earned reputation as a
fair electoral umpire at risk”.
They called on the Acting Chairman of INEC, Mrs Amina Zakari, use her
good offices to look into their complaint against the three INEC
employees involved at the tribunal case with a view to “maintaining and
defending the official position of the commission without let or favour
to any of the parties to the election petition.”
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