Enugu Tribunal: NEC Fails To Bring BVAS, Asks Tribunal To Rely On Labour Party’s Evidence

The Independent National Electoral Commission (INEC) has asked the Enugu Governorship Election Petitions Tribunal to rely on the certified true copies of BVAS data submitted by the Labour Party candidate to decide on the issue of alleged overvoting in Nkanu East Local Government Area during the state’s governorship elections on March 18.

INEC, which failed to bring some of the Bimodal Voter Accreditation Systems (BiVAS) machines used in the Owoh and Ugbawka areas of Nkanu East, contrary to what was contained in the subpoena issued by the Tribunal on Saturday, requested that the copies of the commission made available to the Labour Party and tendered before the court be considered valid evidence.

Edeoga, who completed his case at the tribunal on Sunday, had petitioned INEC’s Chairman, accusing the State Resident Electoral Commissioner, Dr Chukwuemeka Chukwu, of refusing to enable a forensic analysis of the BiVAS machines despite a duly issued subpoena.

UPDATE: Tension in Enugu As REC ‘Absconds’ Tribunal Subpoena

Following a series of attempts to avoid the June 26, 2023 subpoena, the tribunal issued an oral subpoena on Saturday, compelling INEC to appear with the BiVAS machines on Sunday.

The official who represented INEC at the court, identified as Mr. Eze Okafor, provided no explanation for failing to tender the 10 BiVAS machines as requested by the tribunal, leaving the tribunal to rely on evidence provided by the Labour Party and its candidate, Chijioke Edeoga, to determine whether there was overvoting in the affected areas.

INEC arrived at the tribunal as early as 9.00 a.m. on Sunday, with only five BiVAS machines said to have been used to accredit voters in Igbo Eze North Local Government Area, but even those tendered were either empty or clocked, preventing the forensic expert from conducting the expected examination of the machines.

In its petition, the Labour Party claimed that the vote total for Nkanu was increased from around 15,000 certified voters to 32,000 ballots, a jump of more than 16,000 votes. In locations where such incidents of overvoting are confirmed, the Electoral Act allows for the annulment of votes.

Labour Party Rejects Enugu Governorship Election Results, Moves To Court

Following the proclamation of Peter Mbah of the Peoples Democratic Party (PDP) as the victor of the March 18, 2023 Governorship Elections in the state, Chijioke Edeoga petitioned the tribunal seeking redress.

Edeoga’s petition outlined five reasons why he was the legitimately elected candidate.

Among the grounds for his petition are allegations of forging of a NYSC discharge certificate, as well as allegations of voter suppression in Udenu and Enugu South Local Government Areas.

Others include allegations of overvoting in several election regions in Nkanu East Local Government Area, as well as other types of irregularities in Igbo Eze North Local Council.

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