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Lawyer Sues INEC Over Alleged Failure To Electronically Transmit Election Results

A legal practitioner, Mr. Bob James, on Wednesday, instituted an action against the Independent National Electoral Commission, INEC, over its alleged failure to electronically transmit results of the Presidential and National Assembly elections that held on February 25, from polling units to its IReV portal.
The plaintiff, in the suit he lodged before the Federal High Court in Abuja, cited INEC and the Attorney-General of the Federation, AGF, as defendants.
In the sole issue he set out for the court to determine, the plaintiff argued that the electoral body had a statutory duty to upload electronically on its portal, results of the Presidential and National Assembly elections “immediately” elections ended at every polling unit across the country.
READ ALSO: IReV: Two Weeks After Presidential Poll INEC Yet To Upload Complete Results
Placing reliance on Section 60 of the Electoral Act 2022 and section 38 (1) of INEC’s Regulations, the lawyer prayed the court to determine whether the “failure or refusal to upload the results from each polling unit on the day of the election to the INEC IRev portal”, does not nullify the polls.
He urged the court to declare that INEC was under statutory obligation by virtue of the Electoral Act and its own guidelines to upload results from each polling station “immediately after counting and recording on Form EC 8A on election day.”
The plaintiff asked the court to hold that INEC’s failure to upload the results was a violation of its own guidelines for the conduct of the 2023 general elections.
As well as to make “a declaration that the presidential election held by the 1st respondent (INEC) on 25 February, 2023, is null and void and of no effect whatsoever, the result of same not having been declared in accordance with the law”.
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In an affidavit he deposed to in support of the suit, the plaintiff averred that as a legal practitioner, he has an obligation to ensure that public institutions “entrusted with constitutional powers to conduct elections, do so strictly in compliance with the law.”
He contended that more than 90 per cent of results of the elections that held on February 25, were not uploaded on INEC IRev portal as at 12 midnight on the day of the polls.
The plaintiff told the court that paragraph 38 of INEC regulations and guidelines for the conduct of the 2023 elections, specifically mandated an electoral presiding officer to “use the Bimodal Voters Accreditation System (BVAS) machine to upload a scanned copy of the EC8A (election result paper) to the INEC Result Viewing Portal (IReV) as prescribed by the commission.”
He argued that the use of the word “shall” in the section of the regulation he cited, puts a statutory responsibility on INEC to electronically transmit the election results from every polling station in Nigeria to its portal.
READ ALSO: How Abuja Resident Uncovered Dumped Sensitive INEC Materials For Gombe, Kwara
He drew attention of the court to a subsisting judgement of the Supreme Court that was delivered by a former Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, where the apex court held that; “where a law prescribes the procedure to be followed in the performance of an act and that procedure is not complied with, the performance of the act in the circumstance becomes a nullity”.
Meanwhile, no date has been fixed for the suit to be heard.
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VIDEO: Why I’ve Never Tried Convincing My Christian Wife To Convert To Islam — Tinubu
President Bola Ahmed Tinubu has explained why he has never attempted to convince his wife, First Lady Oluremi Tinubu, to convert to Islam, stressing his belief in love, religious freedom, and mutual respect among people of different faiths.
Speaking on Saturday at the funeral service of Nana Lydia Yilwatda, mother of the National Chairman of the All Progressives Congress (APC), Prof. Nentawe Yilwada, Tinubu said his marriage to a Christian pastor has never created any conflict in their home.
The president, who arrived in Jos, Plateau State around 2 p.m. for the ceremony at the COCIN headquarters church, said he inherited Islam from his family and has always upheld the principle of freedom of religion.
READ ALSO:Benin Monarch To Tinubu’s Daughter: Do You Know Role Of Iyeki In Benin Culture?
He noted that both he and the First Lady serve the same God and would ultimately be answerable to Him, adding that what matters most are people’s deeds, character, and love for others.
Tinubu urged Nigerians to embrace tolerance and peaceful coexistence, emphasising that hate should never have a place in the country.
He also prayed for the repose of the soul of the late Lydia Yilwada and asked God to grant comfort and blessings to those she left behind.
READ ALSO:Tinubu Appoints New Heads For Key Agencies
He said, “Hate is not an option for us. Love is what you preach, that we should love one another.
“Nobody, nobody determines what God has ordained. God’s ordained action and his promises are what matter. I inherited Islam from my family. I didn’t change. But my wife is a pastor. She prays for me.
“No conflict. And I never did at any single time try to convince her or convert her. I believe in the freedom of religion.
“We are praying to the same God. We are answerable to the same almighty God. We will answer to him. We will account to him. Our deeds, our character, our love for our fellow beings are what are important.
“May the almighty accept the soul of Lydia and give all that she left behind blessings and glory, so we say, may her soul rest in peace.”
News
UK Police Quiz Six After Fatal Synagogue Attack
Six people arrested on suspicion of “terrorism”-linked offences after a fatal car-ramming and knife attack on a UK synagogue remained in police custody on Saturday, as Prime Minister Keir Starmer urged people not to take part in pro-Palestinian protests.
Two people were killed and three others seriously wounded in Thursday’s attack in northwestern Manchester on Yom Kippur, the holiest day of the Jewish calendar.
Police shot dead the assailant, Jihad Al-Shamie, a 35-year-old UK citizen of Syrian descent, within minutes of the alarm being raised.
Three men and three women are in custody.
The attack has heightened fear among Britain’s Jewish community.
Police said they were patrolling places of worship across the city “with a particular focus on providing a high-visibility presence within our Jewish communities”.
READ ALSO:US On Brink Of Govt Shutdown With Funding Talks Stalled
The attack on Heaton Park Hebrew Congregation Synagogue in north Manchester was one of the worst antisemitic incidents in Europe since the October 7, 2023, attack in Israel led by Palestinian Islamist group Hamas.
The Hamas attack resulted in the deaths of 1,219 people, mostly civilians, according to an AFP tally of Israeli official figures.
Israel’s retaliatory offensive on the Gaza Strip has killed at least 66,288 Palestinians, also mostly civilians, according to health ministry figures in the occupied territory that the United Nations considers reliable.
The Gaza conflict has inflamed passions in Britain, with frequent pro-Palestinian rallies in cities that some critics allege have stoked antisemitism.
A “global movement for Gaza UK” protest went ahead in London late on Thursday, with police making 40 arrests.
London’s Metropolitan Police asked organisers delay another planned demonstration backing the banned Palestine Action group later on Saturday.
However, organisers Defend Our Juries rejected the calls.
READ ALSO:US Faces ‘War From Within’, Trump Tells Generals
A spokesman said the group “stood in solidarity” with the Jewish community over the attack.
– Accidental shooting –
Starmer urged protesters not to join the pro-Palestinian rally.
“I urge anyone thinking about protesting this weekend to recognise and respect the grief of British Jews. This is a moment of mourning. It is not a time to stoke tension and cause further pain,” he said on X.
During the attack, Shamie was seen “with a big knife, banging his knife into the glass, trying to get through”, synagogue chairman of trustees Alan Levy, who helped barricade the doors, told ITV News.
“The heroes of the congregation who saw what was happening then came to the doors because he was trying to break the doors down to get in,” he added.
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A UK police watchdog, meanwhile, said it would look at the police shooting of Shamie.
The probe would also look at the shooting of a second victim who suffered a fatal gunshot and a third person who was shot but survived.
The Independent Office for Police Conduct (IOPC) said there was no evidence anyone other than police used firearms at the scene.
“Our independent investigation will look at the circumstances surrounding the fatal police shooting of Jihad Al-Shamie,” it said in a statement.
“A post mortem has today (Friday) concluded another man who died at the scene suffered a fatal gunshot wound.”
IOPC investigations are standard practice in situations where the use of force by police may have resulted in the death of a member of the public.
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Edo Inaugurates Committee On Drug Abuse, Healthy Living
Edo State Government has inaugurated Drug Control Committee for the state and local governments, aimed at curbing the menace of drug abuse in the state.
Inaugurating the committee, Governor Monday Okpehbolo said the committee was not only saddled with the responsibility of curbing the menace of illicit substances, but to promote healthier living across communities in the state.
Represented by his deputy, Hon. Dennis Idahosa, Okpebholo described the initiative as “a vital step in our unwavering commitment to stopping the menace of drug trafficking and substance use among youths.”
The governor, who bemoaned the rising tide of drug dependency and its impact on society, pointed out that the committee’s creation aligns with the national drug master plan and represents a bold stride toward protecting Edo future generations.
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On his part, Chairman of the National Drug Law Enforcement Agency (NDLEA), Brig. Gen. Buba Marwa, represented by ACGN, Fidelis Cocodia, Zonal Commander, Zone 13, emphasised grassroots interventions, awareness campaigns, and support systems as the backbone of the fight against drug abuse.
Edo State commander of the NDLEA, Mitchell Ofoyeju disclosed that while national drug use prevalence stands at 14.4 percent, Edo state surpasses the average at 15 percent.
He noted that the state is one of the hardest-hit states in the country, warning that the trend has fueled crime and heightened youth vulnerability.
READ ALSO:Idahosa Lauds Edo Specialist Hospital Facilities
The state’s Commissioner for Health, Dr. Cyril Oshiomhole pledged to make Edo a model in drug control through rehabilitation, youth enlightenment, and second-chance opportunities for recovering addicts.
Coordinator, Office of the First Lady, Edo State, Mrs. Edesili Okpebholo Anani, described drug abuse as a pandemic, noting that “you hardly see a crime without drugs being involved.”
She added that women’s empathy and influence must be harnessed in the campaign against drug abuse.
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