It was half victory for Atiku Abubakar and Peter Obi, presidential candidates of the Peoples Democratic Party (PDP) and Labour Party (LP), respectively, as the Court of Appeal sitting in Abuja, on Wednesday, declined the attempt by the Independent National Electoral Commission (INEC), to get it vary its earlier order for them to inspect the Bimodal Voters Accreditation System (BVAS), machine used for the February 25 presidential election.
But the court refused to stop the commission from reconfiguring the data on the machine to enable it conduct Saturday’s election into the governorship and Houses of Assembly elections in the country.
The appellate court, acting Presidential Election Petition Tribunal (PEPT) refused the application electoral umpire, which also said it wanted to reconfigure the BVAS for Saturday’s state elections for the governorship and Houses of Assembly, after a spirited contest of the INEC position, by lawyers to Obi and Atiku, who had alleged that the move could lead to compromising the data for the presidential election.
The court, while ruling on the matter, said the application was unnecessary because it never granted permission to Atiku, Obi and their parties to scientifically access and inspect INEC’s database which includes the BVAS devices.
The tribunal said the apprehension being expressed by INEC, which includes the possible revelation of the identities of voters and their voting choices, was unnecessary because no applicant was granted leave to access INEC’s database.
But it agreed with the INEC lawyer, who had said that not re-configuring the machine would tie the hand of the commission, saying “Each polling unit has its own particular BVAS machine which we need to configure for the forthcoming elections.
“It will be very difficult for us, within the period, to reconfigure the 176, 000 BVAS for the election. We have already stated in our affidavit that no information in the BVAS will be lost as we will transfer all the data in the BVAS to our backend server. Our backend server preserves the data. So, granting this application will be a clog in the process and disrupt the conduct of the elections.”
Ruling on Obi and LP’s application, the court which also doubles as the presidential election petitions tribunal, said granting the sixth relief in the application would amount to “tying the hands of the respondent (INEC)”
The tribunal, also granted Asiwaju Ahmed Bola Tinubu, who was declared winner of the election, by INEC the same leave. In two motions moved by his lawyer, Akintola Makinde, for the court’s permission to inspect materials used for the election and obtain copies and other materials to prepare his case.
Lawyer to the APC, Omosanya Popoola, moved the two ex-parte motions filed for the party and in which it seeks similar prayers as contained in Tinubu’s motions.
Tanimu Inuwa (SAN), lawyer to INEC had argued that it was necessary that the order granted Obi and Atiku to inspect the BVAS be varied, adding that the commission should be allowed to store the date currently being held in the BVAS on INEC’s back end server to enable it deploy the same machines for the governorship and House of Assembly elections slated for March 11.
Stating that time was of the essence because INEC required adequate time to reconfigure the BVAS machines before the proposed elections, he argued that the commission was particularly concerned with Orders Four and Five, which relate to the digital and forensic analysis of the BVAS machines.
Lawyer to Obi and LP, Onyechi Ikpeazu (SAN), who objected to INEC application and urged the court to dismiss it, subsequently moved the motion he filed for his clients’ for the court’s permission to conduct physical inspection of the BVAS machines to enable them extract information embedded therein.
Arguing that Obi also wanted to obtain a Certified True Copy (CTC) of the report of the BVAS machines, he said both the former governor and the LP wanted the evidence in the BVAS machines preserved before they are reconfigured, because information on the INEC back end server vary from time to time.
Responding, Inuwa cautioned the court against granting the application by Obi and LP on the grounds that it could negatively affect INEC’s preparation for Saturday’s elections, saying the granting of the application “will cause us serious delay in the conduct of the governorship election coming in 11 March.”
He added: “We need the BVAS for the next election. Granting the order will act as clog in our preparation and may affect the conduct of the election, which date is circumscribed by the constitution.”
Stating that each machine needed to be configured separately and done one after the other, because each polling units is peculiar, he stressed that no data would be lost if they are moved to INEC’s back end server, because the data transferred there are secure.