•Says election ought to be cancelled the place real-time fails
By Nnamdi Ojiego
In opposition to the backdrop of an emergency legislative session that adopted a controversial provision permitting handbook options when digital transmission fails, lawyer and African Democratic Congress (ADC) member, Kenneth Okonkwo argues that the transfer will weaken public confidence and threatens the integrity of elections.
On this interview, Okonkwo rejects any compromise that allows handbook intervention in outcome transmission, insisting that solely unconditional digital add from polling models can shield votes from alteration. Excerpts:
What do you make of what performed out right now on the emergency session of the Senate?
Nicely, what I noticed right now was treachery. It was deceit. It was 419, the way in which we all know it in Nigeria, obtained by false pretense. To begin with, Senator Munguno advised Nigerians that they needed to summon this session in an effort to hearken to the yearnings of Nigerians, in an effort to take their will into consideration. What did they find yourself doing? They took their very own will into consideration via the again door. What we now have been saying is that we wish unconditional digital transmission of polling unit outcomes to protect the integrity of our outcomes. Let me make it clear. We don’t have something like digital collation of outcomes. What we now have is digital preservation, storage, and transmission of the manually generated polling unit outcomes in an effort to protect the integrity of the outcomes.
In different phrases, Nigerians have found that our downside is that in between polling unit and the collation heart, numerous abracadabra happen – that mutilates, that inflates, that fraudulently manipulates the polling unit outcomes in an effort to offer you not what the folks voted, however what the counters of the elections would need. What the senators did was that they stated, oh, we are able to now electronically transmit with proviso that when it isn’t attainable to transmit, you’ll use the handbook. That’s the discretion we now have been combating for.
Is it not safer? Are you able to belief expertise 100%?
No, it’s harmful. On the subject of this subject, I belief it 100%. Why am I saying so? INEC was the one who invented IREV portal. They’ve by no means complained for at some point since they began utilizing it in 2020 tthat expertise failed them in importing the outcome. Not at some point. However let me let you know the humorous factor. BVAS is the technological gadget that INEC makes use of to accredit voters and BVAS, by part 47, subsection 1 to three, stated you have to accredit with BVAS and when BVAS shouldn’t be working, what do you do? They didn’t say it is best to depend on the handbook register of voters. They stated it is best to cancel the election and reschedule it. And that is BVAS working all through the day. But the consequence, if it isn’t working, is that you just cancel the election.
The identical BVAS is what they stated they’ll use to add the scanned copy of the shape EC8A on the IREV portal. One transaction! After which you’re telling us that if that one transaction doesn’t undergo, they need to return to the handbook, no. That’s legitimatizing the technical glitch which Yakubu Mohammed introduced. As a result of what they’re merely saying is that the proviso reads when there’s technical glitch, in quotes, by INEC, as a result of they’re those who will let you know they don’t have community, then use the handbook. That was precisely what occurred in 2023. Amazon web site providers stated there was no glitch. Nothing occurred to their station. INEC stated that there was glitch. And whenever you need to go to courtroom, they may let you know, Pete, that Assaf ought to show, even whenever you don’t have the doc. Let me let you know what the Supreme Courtroom stated concerning the proviso. Within the case of NDIC versus Ochem Enterprises Restricted, 2004, 10 Nigeria Weekly Legislation Report, half 880, at web page 107. The Supreme Courtroom stated the aim of proviso in a statutory enactment is to qualify or reduce down, or reduce down the principle clause within the statute previous it. Keep in mind what occurred within the case of Abegunde and the Ondo State Home of Meeting. The Supreme Courtroom stated that proviso signifies that, sure, in the event you defect from one get together to the opposite, you lose your seat, supplied that there isn’t a division within the get together. That’s what the proviso does. The proviso destroys the principle clause to the restrict of no matter they are saying. And let me let you know, the opposition senators displayed numerous timidity and unintelligence. And the ruling senators, as they know, displayed numerous mischief and dubiousness. They’re the folks that may need us to not even imagine what we’re seeing. You’ll catch them rubbing the leg of a lady, and they’re going to let you know it’s AI. Even what we’re seeing, these ruling (get together) senators with their dubiousness, that’s what they need to do to us.
The model of the Home of Reps is totally different from the model of the Senate. Which one do you suppose we must always proceed with?
The 2 variations ought to full the intention of the Nigerian folks. Which is rather like it’s written in Part 47, Subsection 3. It says the place the cardboard reader or any technological gadget deployed by INEC for the accreditation of voters fails to perform, the election ought to be canceled. And rescheduled. What number of occasions have we canceled any election as a result of BVAS has not been working? Ninety-right per cent of the time, BVAS had labored. And each time BVAS doesn’t work, they change it. Once they discuss concerning the community, you start to see that that is outright mischief. We talk on WhatsApp. At occasions, you ship a message on WhatsApp after which it may not obtain due to community. Mechanically, when the community comes, it downloads. So what’s the purpose they’re speaking about? They merely need to sneak into that handbook transmission in order that they’ll manipulate and rig the election. The problem of switch or no switch or community or no community is not any purpose in any way.
However don’t you suppose that it’s a center level?
There is no such thing as a center level to satisfy as a result of we aren’t doing digital voting. We’re not doing digital collation. We’re merely saying protect the handbook. So that everyone will see the election from the polling unit to be able to’t go dwelling to govern it. We keep in mind what occurred in Obioakpo. We keep in mind what occurred in Lagos. Each polling unit outcome was mutilated, and inflated. We noticed it. It’s nonetheless there on the web and that’s why I’m saying that after they’re telling you about midway, no, there’s nothing like that as a result of we aren’t doing any digital voting. We’re not doing digital collation. What we’re merely saying is whenever you end that your handbook, add the scanned copy instantly earlier than you will have any probability to alter it. Everytime you end any collation, you transmit the collected outcome instantly to the collation system, to the IREV so that every degree of collation will use the electronically preserved copy. That’s what we now have been combating for.
Do you suppose they’ll override the model of the Home of Reps?
No, they can’t. They’re two totally different chambers. The Home of Reps ought to go additional to say that the place it isn’t attainable to transmit from the polling unit, that election ought to be cancelled. It’s there within the accreditation which is harder. The importing is only one single motion.
However is it going to be honest for instance, if you’re profitable in accreditation, profitable in voting, why would you cancel all the course of since you can’t transmit the outcome electronically?
As a result of the explanation you’re doing accreditation and the explanation you’re doing voting is for the outcome. So in the event you do all these issues to get a fraudulent outcome, what have you ever gained? You’ve really emboldened the criminals. You’ve really voted for the criminals. Let me let you know, the one downside we now have on this nation is fraudulent elections. On the day we now have free, honest, credible elections in Nigeria, 20 years after that, we are going to change into a superpower nation. Take my phrases for it. America is sustained right now not as a result of they don’t have unhealthy males however as a result of energy lies with the folks. And let me plead with Nigerians. They need to not suppose this job is for the opposition, no. Democracy shouldn’t be authorities of ADC. It’s not authorities of APC. It’s authorities of the folks. Why I’m combating for democracy shouldn’t be as a result of I’m within the opposition. I’m combating in order that I’ll have the facility to have the ability to decide who governs me in order that my sons and kids will develop up in Nigeria the place they’ve the facility to find out who governs them. So this can be a struggle for all Nigerians and we should come collectively whether or not you’re APC, PDP or ADC. What we’re saying is energy ought to belong to the folks. Sovereignty belongs to the folks from whom the federal government derives all its energy. And it’s only via election that they train that sovereignty. So Nigerians ought to know that this struggle is for everyone as a result of fraudulent elections produce fraudulent leaders. And the whole lot won’t work with fraudulent leaders. No one is combating as a result of he’s within the opposition. We’re combating for the liberty to find out who governs us.
When it comes to a technological development, is it a incontrovertible fact that there are areas on this nation that don’t have community?
Any elder that’s telling you that he doesn’t have community is fraudulent. How then has INEC been transmitting all the outcomes from IREV from his personal village? As , I used to be a spokesperson, I used to be within the marketing campaign workforce, and I used to be within the authorized course of. There’s no time INEC has advised us that they couldn’t transmit any outcome from any a part of Nigeria. And there are brokers, there are firms which have assured Nigerians that they’ll produce the community. Are you telling me that a company that took N400 billion from Nigerian folks can’t make provision for such a severe factor to have community on that day? For a single transaction? And I advised you that even in the event you don’t have community, you’ll be able to add and it is going to be uploaded each time the community comes. So anyone telling you that he doesn’t have community is fraudulent. I’m saying it. And I’m standing by it.
QUOTE: Ninety-nine per cent of the time, BVAS had labored. And each time BVAS doesn’t work, they change it. Once they discuss concerning the community, you start to see that that is outright mischief
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