Despite objections by Tinubu, APC, court admits EU’s report in evidence
Despite objections by President Bola Tinubu and the All Progressives Congress, APC, the Presidential Election Petition Court, PEPC, sitting in Abuja, on Monday, admitted in evidence, the final report of the European Union, EU, Observation Mission, which impugned the outcome of the 2023 general elections.
The report was tendered before the court by candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar, who alleged that the presidential election that held on February 25, was manipulated to favour President Tinubu and the ruling APC.
In a joint petition he filed alongside his party, Atiku, alleged that the Independent National Electoral Commission, INEC, installed a third-party device that intercepted and allocated votes to Tinubu.
Even though INEC had in its reply to the petition, denied the allegation, however, at the resumed proceedings of the court on Monday, the Deputy Director of ICT at the Commission, Mr. Lawrence Bayode, mounted the witness box to defend the outcome of the presidential poll.
Bayode, in a bid to puncture Atiku’s claim that Tinubu’s running mate was nominated for two elective positions, produced four documentary exhibits, among which included a letter dated July 6, 2022, which the Vice President, Kashim Shettima, wrote to INEC to notify it of his decision to withdraw as candidate of the APC for the Borno Central Senatorial election.
Led in evidence by INEC’s lead counsel, Mr. Abubakar Mahmoud, SAN, the witness, tendered the letter and its accompanying certification, which was admitted in evidence and marked as Exhibits RA-1 and RA-2.
While being cross-examined by President Tinubu’s lead counsel, Chief Wole Olanipekun, SAN, the witness, maintained that the presidential election was “free, fair, credible and conducted in substantial compliance with the Electoral Act.”
“Recordings on INEC’s Form EC8A (polling unit results) forms basis for any election result and data or internet is required for Form EC8A captured by the BVAS machines to be uploaded,” the witness added.
He told the court that images captured by the BVAS, whether transmitted manually or electronically, would not affect the integrity of an election.
“In practical terms, election is completed at the polling unit level when the officer conducts, announces results and record the result on the Form EC8A,” Bayode told the court. Also answering questions from APC’s lawyer, Prince Lateef Fagbemi, SAN, the witness admitted that though the electoral body experienced a technical glitch on the day the presidential poll held, he, however, insisted that it did not affect the actual scores of all the presidential candidates, which he said remained intact.
He further told the court that results of the presidential election was not electronically collated, saying it was done manually.
“INEC does not have an electronic collation system,” he stated, adding that Chairman of the Commission, Prof. Mahmoud Yakubu had two days before the presidential poll was held, announced that electronic transmission of results of the election would not be feasible.
