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Clashing Orders Making Our Job Harder Than Usual, Says INEC

The Independent National Electoral Commission, INEC, stated yesterday that clashing orders by courts were making its job harder than usual.

It also issued an order that no one will be allowed to vote except such a person had undergone an electronic authentication of his identity, using its Bimodal Voter Accreditation System BVAS.

It also complained about the growing number of conflicting court orders and judgments which were usually caused by politicians seeking to outmaneuver one another.

Concerning the Anambra governorship election, Yakubu said the commission would use the next few weeks to compile the register of voters for claims and objections, clean up the data, print the Permanent Voter Cards, PVCs, for collection by registrants and compile the register for each of the 5,720 polling units in the state.

He said: “I want to assure every newly registered voter in Anambra State, including those who applied to transfer from within and outside the state or for the replacement of damaged or lost PVCs that their cards will be printed and made available to them for collection before the election. 

‘’Each political party fielding candidates in the election will be given a copy of the voters’ register on 7th October 2021 as published in the Timetable and Schedule of Activities for the elections.”

He said the commission had also been continuously innovating on how to strengthen the credibility of voter accreditation and result management during elections in Nigeria.

According to him, many stakeholders, including leaders of political parties, have called on the commission to strengthen the voter accreditation process during elections, especially with reference to the use of incident form where the Smart Card Reader SCR fails to authenticate the fingerprints of a voter.

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The INEC boss said:  “Such concern is legitimate, given the fact that the SCR successfully verifies any card that belongs to the polling unit for which it is configured, irrespective of who presents it. Their apprehension, therefore, is that using the incident form to cover those whose fingerprints are not authenticated by the SCR, a voter may be able to use another person’s PVC to vote during an election.

Prof. Yakubu also denounced the usual resort of politicians to obtaining conflicting court orders which he said rubbishes the legal concept of “stare decisis” as what was supposedly settled in law had now become unsettled.

He said:   “I cannot conclude my remarks without touching on the issue of litigation, particularly the conflicting orders emanating from courts of coordinate jurisdiction.

“Consequently, in some instances, political parties were declared winners without candidates to immediately receive the Certificates of Return on account of protracted and conflicting litigation or where courts rather than votes determine winners of elections.

“To address this concern, the commission attempted to introduce the facial biometric authentication during accreditation of the voters using the Z-Pad tablet to complement the fingerprint process through the card reader before Edo governorship election in September 2020. 

‘’However, the commission was not entirely satisfied with the pilot held in the Nasarawa Central State constituency bye-election a month earlier in August 2020. We, therefore, suspended the idea to enable us do some more work. 

‘’Over the last one year, we reviewed the situation and we think we have found the appropriate technology to address it. The Z-pad was, therefore, only used to upload polling unit results to the IReV portal during elections.

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“The functionality of the Z-pad has now been integrated into the IVED currently used for voter registration. On Election Day, the same device will be used for the Bimodal Voter Accreditation System, BVAS, for fingerprint authentication during accreditation and where it fails for facial authentication. 

‘’We believe that this multi-layer process will eliminate the possibility of voting by identity theft using another person’s PVC. Where the voter fails both the fingerprint and facial authentication, he/she will not be allowed to vote. In other words, no electronic authentication, no voting.

“We are convinced that the new machine is robust enough to further guarantee the credibility of voter authentication and transparent management of results during elections. 

‘’Accordingly, the Commission intends to carry out a pilot exercise using the new device in Delta State during the Isoko South 1 State Assembly constituency bye-election holding this weekend (Saturday 11th September 2021). The BVAS will now perform the functions of both the SCR and Z-Pad in the bye-election. 

Thereafter, it will be deployed in the Anambra Governorship election in November.’’

Prof. Yakubu also denounced the usual resort of politicians to obtaining conflicting court orders which he said rubbishes the legal concept of “stare decisis” as what was supposedly settled in law had now become unsettled.

He said:   “I cannot conclude my remarks without touching on the issue of litigation, particularly the conflicting orders emanating from courts of coordinate jurisdiction.

“I am aware that some of the cases are still in court and, therefore, sub judice. I must say that some of the decided cases are making our work difficult and we have been crying out loud for a long time. In particular, some pre-election litigation relating to the nomination of candidates for elections were not determined until after the elections.

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“Consequently, in some instances, political parties were declared winners without candidates to immediately receive the Certificates of Return on account of protracted and conflicting litigation or where courts rather than votes determine winners of elections.

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