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Thursday 29 October 2015

ANIMAL KINGDOM

Supreme Court Upholds Okorocha's Victory
•Overrules use of card reader


I think we should take a closer look at the last paragraph of this judgement and relate it to that of River state. One perceived country, one constitution, one case, same issue, different verdicts. That is really ANIMAL KINGDOM


The Supreme Court of Nigeria has upheld the victory of Governor Owelle Rochas Okorocha who was the candidate of the All Progressives Congress (APC)  in the April 11 gubernatorial election in Imo State.

In its judgement on Thursday, the apex court dismissed the petition filed by the candidate of Peoples Democratic Party (PDP) for the governorship election, Hon. Emeka Ihedioha.

The court based its judgement on the non-usage of card reader, saying: "If INEC guideline says take materials by helicopter to the polling unit and the materials eventually got to the polling unit by boat, this cannot nullify the elections.

"Therefore, the use of card reader is merely a guideline alien to the electoral act, and cannot constitute the basis to invalidate an election.”



http://www.thisdaylive.com/articles/supreme-court-upholds-okorochas-victory/224108/
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Now from another source THE NATION
Resolving the second issue in APC’s favour, the appellate court held: “The paragraph (13b) displays a vitriolic attack on the irregularities germinating from the improper or non-use of the smart card readers in the polling units.

“As it is, it has no life of its own as a ground. It endeavours to introduce the defects in the use of smart card readers. The evolution of the concept of smart card reader is a familiar one. It came to being during the last general election. On this score, it is a nascent procedure injected into our infant and fledgling electoral system to ensure credible and transparent election.

“The extant Electoral Act (2010) which predates the concept (of card reader) is not its parent or progenitor. Since it is not the progeny of the Electoral Act, fronting it as a ground to challenge any election does not have its (the Electoral Act’s) blessing, nay Section 138 (1) of it.

“Put simply, a petitioner cannot project the non-presence or improper use of smart card reader as a ground for questioning an election. It does not qualify as one.

http://thenationonlineng.net/appeal-court-faulty-card-reader-cant-invalidate-an-election/

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