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Supreme Court Erred! Falana Proves Electoral Act 2015 Legalises Card Reader
Posted by George on Wed 23rd Mar, 2016 - tori.ngNew revelations by popular Human Rights Lawyer proves beyond reasonable doubts that the electoral act vaguely recognizes the usage of card readers in conducting elections although it wasn't directly mentioned.
Femi Falana
Contrary to the judgments of the Supreme Court in upholding some disputed governorship elections conducted by the Independent National Electoral Commission (INEC) on April 11, 2015, Lagos lawyer Femi Falana (SAN) has asserted that the Electoral (Amendment) Act 2015 legalises the use of card reader machines.
He averred in a statement issued in Lagos that Section 52 of the Electoral Act has been amended to accommodate the use of card reader machines.
Falana said: “Prior to the amendment, section 52 of the Electoral Act had prohibited the INEC from the use of any form of electronic voting. But following the amendment of the provision, INEC has been conferred with the power to determine the procedure to use for any election.
“Specifically, section 52 states that ‘voting at an election shall be in accordance with the procedure determined by the Independent National Electoral Commission’.
“With the amendment of the law, INEC was on terra firma when it determined to use the card reader machine for the accreditation of voters for the 2015 general election”.
The senior lawyer said there was no need to further amend the law to legalise the use of card reader, emphasising that the suggestion “is totally uncalled for”.
He said: “In view of the clear provisions of the Electoral Act (Amendment) Act 2015, it is indubitably clear that the INEC acted within the ambit of the law when it issued the directive for the use of card reader machine for voter accreditation during the last general election.
“The card reader device was designed to deal with the manipulation of election results through the declaration of bogus votes that have no correlation with the number of registered voters. Thus, with the use of the card reader machines, the number of total votes cast in an election cannot exceed the number of accredited voters.
“The strident opposition to the use of card reader for voter accreditation by seasoned riggers of elections was borne out of the realisation that it could substantially eliminate the manipulation of election results.”
He averred in a statement issued in Lagos that Section 52 of the Electoral Act has been amended to accommodate the use of card reader machines.
Falana said: “Prior to the amendment, section 52 of the Electoral Act had prohibited the INEC from the use of any form of electronic voting. But following the amendment of the provision, INEC has been conferred with the power to determine the procedure to use for any election.
“Specifically, section 52 states that ‘voting at an election shall be in accordance with the procedure determined by the Independent National Electoral Commission’.
“With the amendment of the law, INEC was on terra firma when it determined to use the card reader machine for the accreditation of voters for the 2015 general election”.
The senior lawyer said there was no need to further amend the law to legalise the use of card reader, emphasising that the suggestion “is totally uncalled for”.
He said: “In view of the clear provisions of the Electoral Act (Amendment) Act 2015, it is indubitably clear that the INEC acted within the ambit of the law when it issued the directive for the use of card reader machine for voter accreditation during the last general election.
“The card reader device was designed to deal with the manipulation of election results through the declaration of bogus votes that have no correlation with the number of registered voters. Thus, with the use of the card reader machines, the number of total votes cast in an election cannot exceed the number of accredited voters.
“The strident opposition to the use of card reader for voter accreditation by seasoned riggers of elections was borne out of the realisation that it could substantially eliminate the manipulation of election results.”
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