Without Constitutional Backing, Card Reader Now Useless, Says INEC

* Agency blames politicians, courts for electoral
woes

The Independent National Electoral Commission (INEC) Wednesday
described the non-recognition of the smart card reader by the 1999
Constitution(as amended), as a great setback for the commission’s
efforts to tackle poll fraud, using technology.

According to the commission, the lack of legal backing for the
smart card reader has rendered the device legally impotent and has
further encouraged politicians not to accord any importance to
it.

This came just as the civil society Situation Room has accused
the electoral body of not being firm in enforcing rules.

The civil society coalition also said INEC should take
responsibility for most of the lapses witnessed during elections,
especially as it concerns violence and thuggery.

INEC Commissioner in charge of Publicity and Voter Education,
Mr. Festus Okoye, at a meeting to review the just-concluded
governorship elections in Kogi and Bayelsa states, said since the
record of the card reader did not count as evidence during election
cases, most politicians decided to ignore it while perpetrating
rigging.

“We must find solution to the issue of the smart card reader.
The smart card reader has lost its efficacy and vibrancy in
relation to the electoral process because the political elite have
found a way around it. So, rather than use the smart card reader,
they just ignore it because ultimately they know that when they go
to the court what it will be saying is that if you want to prove
over voting, we want to see INEC register or result sheet and not
the smart card reader. So, as far I am concerned, the smart card
reader has become a redundant instrument and inconsequential,” he
stated.

On complaints trailing the just-concluded governorship
elections, Okoye said INEC acknowledged that there was violence
during the elections in Kogi and Bayelsa states, which led to the
decision of almost half of its ad hoc staff to withdraw from the
process for fear that their safety might not be guaranteed.

Okoye, however, added that the commission does not have the
constitutional powers to annul an election that was concluded and
the results announced.

He said: “My own understanding of the rules of interpretation is
that when the intention of the legislation is very clear, to give a
particular legislation its ordinary meaning, you don’t have to give
any other meaning to the provisions of the law”.

According to him, Section 26 of the Electoral Act only gave INEC
powers to postpone an election before its commencement, adding that
there is nowhere it empowers the commission to cancel an election
that has been held.

“The law states clearly that the moment the election is declared
at the polling unit by a presiding officer, the chairman of INEC
does not have the powers to cancel the results of the election from
that polling unit. In other words, each polling unit is sovereign
in its own right,” he added.

He gave instances where INEC had tried to withhold certificates
of return for senatorial and House of Representatives elections on
grounds that the returning officers made their pronouncement under
duress, but the candidates went to court and got the commission’s
decision reversed.

He said the courts had always tied the hands of INEC in such
circumstances.

Okoye also cited the court judgment nullifying INEC’s
disqualification of some candidates because of being underage or
they did not have proper identity as another instance where the
judiciary has constrained INEC’s regulatory powers.

“My understanding of the whole issue of electoral reform is that
electoral system alone cannot solve the problem of elections in the
country without our political elite,” he stated.

On violence and thuggery, Okoye said although the law conferred
on INEC the sole responsibility of conducting elections, the aspect
of providing security was outside its powers.

“The law never asked INEC to go and catch thugs, it is the
responsibility of the security agents,” he said.

Earlier, the Convener of the Civil Society Situation Room, Mr.
Clement Nwankwo had expressed the view that INEC should be more
firm and decisive in dealing with infractions of the electoral
laws.

He added that the commission cannot exonerate itself from the
irregularities that marred the last governorship elections in Kogi
and Bayelsa states.

Also the Political Counsellor at the British High Commission in
Abuja, Mr. Dominic Williams, said Britain was worried about the
increasing culture of violence and thuggery in Nigeria’s
elections.

He underscored the need for government to work towards ensuring
peaceful election.