close
Thursday, March 9, 2023

BVAS: Appeal Court refuses Obi’s request to scan election materials

“Granting this application will be a cog in the process and may delay the conduct of the elections.”

• March 9, 2023
Peter Obi and INEC chairman Mahmood Yakubu
Peter Obi and INEC chairman Mahmood Yakubu

The Court of Appeal on Wednesday refused to grant Peter Obi’s application to scan and make copies of the election materials from INEC’s database.

The three-member panel held that granting the order sought by Mr Obi will hamper the elections slated for Saturday (the March 11 elections have been postponed to March 18). 

The Justice Joseph Ikyegh-led panel faulted Mr Obi and the Labour Party for repeating their request to scan and make copies of the electoral materials in INEC’s possession.

The court held that granting the order would amount to tying down the hands of the electoral body and preventing it from carrying out the functions assigned to it by the 1999 Constitution.

The court ordered INEC on March 3 to allow the applicants to inspect and conduct a digital forensic examination of all the electoral materials used in the elections and to avail them of the Certified True Copy of the result of the physical inspection of the BVAS.

The panel held that the request was earlier granted, adding that repeating the prayer amounted to an abuse of the court process.

INEC had insisted that reconfiguring the BVAS was necessary since they would be deployed for the next round of elections on Saturday. 

The commission added that without a prompt variation of the order, the court earlier granted to Mr Obi and the presidential candidate of the Peoples Democratic Party, Atiku Abubakar, especially the aspect restraining it from tampering with the information contained in the BVAS, it would be difficult for it to proceed with the scheduled elections INEC.

Mr Obi and his party had, in their application marked CA/PEC/09m/23, sought permission to be allowed to conduct a physical inspection of all the BVAS devices used for the presidential poll.

The applicants, through their team of lawyers led by Onyechi Ikpeazu, said the essence of the application was to enable them to extract data embedded in the BVAS, “which represent the actual results from Polling Units.”

They specifically applied for “leave to carry out a digital forensic and physical inspection of BVAS, among others,” and to obtain the CTC of all the data in the BVAS.

While opposing the application, INEC, through its lawyer, Tanimu Inuwa, told the court that 176,000 BVAS devices were deployed to polling units during the February 25 elections.

“Each polling unit has its own particular BVAS machine which will need to be reconfigured for the forthcoming elections. It will be very difficult for us, within the period, to reconfigure the 176,000 BVAS,” stated the lawyer. “We have already stated in our affidavit that no information in the BVAS will be lost. We need the BVAS reconfigured.

Mr Inuwa added, “So, granting this application will be a cog in the process and may delay the conduct of the elections.”

(NAN)

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Nigerian Handball Team

Sport

Nigeria overpower Nicaragua in intercontinental handball championship

Nigeria will face Guadeloupe, an island group in the southern Caribbean Sea, in their next match in which a World Cup ticket is at stake.

Rashida Bello in a group photo with Aisha Buhari and Remi Tinubu

Anti-Corruption

Yahaya Bello’s wife wanted by EFCC in Aso Villa with Aisha Buhari, Tinubu’s wife

Last February, the anti-corruption commission arraigned the Kogi first lady (in absentia) and four others for money laundering and criminal misappropriation.

Indonesian stadium stampede (Credit: CNN)

Sport

Indonesian football officials jailed over stampede which killed 135

The teargas fired by police triggered panic among thousands of spectators who tried to flee through narrow exits.

Mahmood Yakub

NationWide

INEC didn’t learn its lessons, ill-prepared for elections: Chatham House

“INEC’s sub-optimal performance must be taken seriously because Nigeria’s path to recovery and stability must follow the way of accountability and electoral integrity.”

CBN governor, Godwin Emefiele

Economy

Enugu business owners continue to reject old N500, N1,000

“Transporters have refused to collect the old notes of N500 and N1,000.”