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Verification Of Results Using “Directly Transmitted Results” Is Highly Mandatory (4292 Views)
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BluntCrazeMan: 4:33pm On Mar 07, 2023 |
ACCORDING TO THE ELECTORAL ACT 2022; THE “QUICK TRANSMISSION” OF RESULTS “DIRECTLY FROM THE POLLING-UNITS” IS ACTUALLY MANDATORY, AND NOT OPTIONAL. Contrary to the previous thread, (2023: Electronic Transmission Of Results Not Mandatory – APC Replies Atiku, Obi),, where the APC maintained that the “Electronic Transmission” of results is not Mandatory, The Electoral Act of 2022 made it very clear that the “VERIFICATION” OF ALL COLLATED RESULTS USING THE “DIRECTLY TRANSMITTED RESULTS” IS HIGHLY MANDATORY.. The APC might argue that the “Transmission” as mentioned inside the Electoral Act could actually mean “Manual transmission”, and not Electronic Transmission, since the word “Electronic Transmission” was not specifically mentioned inside the Electoral Act. They may also argued that: even though the Electronic Transmission method might be implied or intended in the Electoral Act, that the Electoral Act DIDN'T actually make it MANDATORY, unlike the way it made “Electronic Accreditation” Mandatory. These are very good arguments indeed. I am going to throw more lights on these two strong arguments with references from the Electoral Act Alone. **I will NOT bring in quotes from the INEC’s “Guidelines And Procedures”. (Meanwhile; “Electronic Transmission” is totally different from the IREV-Portal.. Thus,.. let nobody confuse “Electronically Transmitted Results” with “Photos of the Polling-unit Results that were ed to the IREV-Portal”) I can partly agree with one of the arguments of the APC; that the Two Words “Electronic Transmission” were not phrased together anywhere inside the Electoral Act. But then, it was definitely implied inside the Act. And again, if the Electoral Act specified the “Uses” of the so-called “Directly Transmitted Results”, and even gave a penalty (to all the would-be collation officers and the returning officers) for not making proper “Use” of the “Directly Transmitted Results”, then it means that it was also the intention of the Act for the “use” of the “Directly Transmitted Results“ to be Mandatory. Now, let us take a good look at the Section-64 of the Electoral Act,, starting from Sub-Section-(4)... After which we can all agree that the “Directly Transmitted Results From The Various Polling-units”, as described inside the Electoral Act, could be anything on this earth, (be it “Optical-Fibre Transmission”, “Solar-Waves Transmission”, “Radio Transmission”, “Sonar Transmission”, and even “Seismic Transmission” too),, but definitely NOT “Manual Transmission”. Granted that the Electoral Act left the options VERY OPEN for the INEC to independently decide the best methods for the “Direct Transmission of Results”, it doesn't mean that the Electoral Act intended that the whole process of “Direct Transmission of Results" should become OPTIONAL. Section-64: Note the word “SHALL”.. The word “SHALL” is used whenever there is strong intention.. It is never used whenever something is supposed to be OPTIONAL.. And again,, this particular Sub-Section-(4) made it mandatory (that is, with the word SHALL) that a collation officer or a returning officer must “” his own collated results and make that they are CONSISTENT with the directly transmitted results. This means that, it is MANDATORY for there to be an already transmitted and collated result, which every Collation Officer and/or every returning officer MUST use to his own collations at every collation level.. Therefore, the collation process must not be concluded at any Collation Center, until all the Polling-units that are under its coverage have all “Directly Transmitted Their Results”, and it also means that the “Directly Transmitted Results” are all supposed to be ready for use for the purpose of “Verification”, before the collation process can then be verified and concluded. In layman’s language, this Sub-Section-(4) is mandating INEC to transmit results directly from the various polling-units -- (without ing through the various collation officers, and in a very quick manner) -- to a separate aggregation and collation centre; and from where these separately collated results MUST be made QUICKLY AVAILABLE to the various collation officers for them to be used for verification purposes at all the collation levels. That means, INEC is free to do the “direct transmission” in any way it so desires, as far as the requirements for “Verification” as described in the Electoral Act is properly met. IT ALSO MEANS THAT THIS VERY PROCEDURE MUST NEVER BE DISCARDED. Thus, if the INEC employed the use of manual transmission for the procedure described by the Electoral Act, it cannot achieve this desired fastness (or quickness). Sub-Section-(5) Subject to subsection (1), a collation officer or returning officer shall use the number of accredited voters recorded and transmitted directly from polling units under section 47(2) of this Act and the votes or results recorded and transmitted directly from polling units under section 60(4) of this Act to collate and announce the result of an election if a collated result at his or a lower level of collation is not correct. This Sub-Section-(5) is summarily saying that a returning officer (or a higher collation officer) can overrule the results of lower-level collation officers based on those “Directly Transmitted Results”. Sub-Section-(6) Where during collation of results, there is a dispute regarding a collated result or the result of an election from any polling unit, the collation officer or returning officer shall use the following to determine the correctness of the disputed result— This Sub-Section-(6) made it very clear that apart from the MANDATORY VERIFICATION Purposes, the “Directly Transmitted Results” are also supposed to be used in settling disputes that may arise at collation centers. Sub-Section-(7) If the disputed result under sub-section-(6) were otherwise found not to be correct, the collation officer or returning officer shall re-collate and announce a new result using the information in sub-section-(6) (a)-(d). Sub-Section-(8.) Where the dispute under sub-section-(6) arose at the level of collation and the returning officer has satisfied the provision of sub-section-(6) (a)-(d), the returning officer shall accordingly declare the winner of the election. Sub-Section-(9) A returning officer or collation officer, as the case may be, commits an offence if he or she intentionally collates or announces A FALSE RESULT and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of at least three years or both. This Sub-Section-(9) made it an offence for any collation officer or returning officer to collate and announce a “FALSE RESULT”. And What Is the “False Result” here supposed to mean.?? a.) Any collated result that was not compulsorily verified as mandated in sub-section-(4) is regarded as a False Result. b.) For any disputed collated-result which was not settled according to the procedures outlined in Sub-Sections (6, 7, & 8.), then, if the collation officer or returning officer went ahead and announce such a result, it is regarded as a False Result. AS ALWAYS,, WE WILL STILL WAIT FOR THE JUDGEMENT OF THE SUPREME-COURT JUDGES.. **THEY ARE STILL THE FINAL BUS-STOP TO ALL THESE ARGUMENTS.. ___________ ___________ THE DIFFERENCE BETWEEN “ELECTRONIC TRANSMISSION” AND THE IREV-PORTAL.. 6 Likes 2 Shares |
Fahdiga(m): 4:35pm On Mar 07, 2023 |
More reason why I firmly believe that Obi's stolen mandate will be reclaimed sooner than later.
12 Likes 2 Shares |
BluntCrazeMan: 4:35pm On Mar 07, 2023 |
Garfield1.. You can argue more about this very “Mandatory” issue on this new thread. But please, make out time to read the main original post first before arguing. Thanks Bro. |
Re: Verification Of Results Using “Directly Transmitted Results” Is Highly Mandatory by Nobody: 4:42pm On Mar 07, 2023 |
Then the presidential election is null and void.
12 Likes 3 Shares |
BluntCrazeMan: 5:04pm On Mar 07, 2023 |
Fergie001, Naptu2, Litigator, Penguin2..
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BluntCrazeMan: 5:05pm On Mar 07, 2023 |
Racoon. I know say you go like to read this one too. |
garfield1: 5:09pm On Mar 07, 2023 |
BluntCrazeMan: I already told you earlier some few hours ago that assuming that electronic transmission is mandatory,results were actually transmitted directly by presiding officers after the elections. Again,the penalty for not transmitting directly is never nullification of elections 3 Likes 1 Share |
Racoon(m): 5:15pm On Mar 07, 2023 |
BluntCrazeMan:I don't even need to read this before knowing sir. The electoral act compelled INEC by law to do so despite all the shenanigans by the APC and all those in cahoot with it in this criminal enterprise. Even INEC repeatedly reiterate that it will transmit election results electronically. Hence every attempt to explain away this reality is a fraud. 3 Likes 1 Share |
Massiveglory: 5:15pm On Mar 07, 2023 |
INEC carried out a fraud. But note, not all INEC officials are involved in the fraud. The fraud will be discovered. Tinubu will not be sworn in. PODATTI will be found clearly to be the winner of the election and will be sworn in at a later date. 5 Likes 2 Shares |
Racoon(m): 5:15pm On Mar 07, 2023 |
The electoral act compelled INEC by law to do so despite all the shenanigans by the APC and all those in cahoot with it in this criminal enterprise. Even INEC repeatedly reiterate that it will transmit election results electronically. Hence every attempt to explain away this reality is a fraud. 4 Likes |
Racoon(m): 5:21pm On Mar 07, 2023 |
garfield1:Which school of thought do you belong too? The world have long left the analogue system of electioneering and embraced digital technology. 3 Likes 1 Share |
garfield1: 5:23pm On Mar 07, 2023 |
Racoon: Unfortunately son,nigeria haven't left that school totally 2 Likes |
garfield1: 5:24pm On Mar 07, 2023 |
Massiveglory: What will stop tinubu from being sworn in when tribunal will finish sittings September |
Massiveglory: 5:29pm On Mar 07, 2023 |
garfield1:Just de watch the movie. Tinubu will not be sworn in. |
garfield1: 5:30pm On Mar 07, 2023 |
Massiveglory: Who will stop it boy |
Massiveglory: 5:34pm On Mar 07, 2023 |
garfield1: 2 Likes |
MrFourSHIRTS: 5:34pm On Mar 07, 2023 |
Racoon:Oga who you be sef |
MrFourSHIRTS: 5:34pm On Mar 07, 2023 |
Massiveglory:IPOB and fake news, Obi should be wearing his 15years wrist watch in the picture Mugu ![]() |
BluntCrazeMan: 5:47pm On Mar 07, 2023 |
garfield1: Now bro, I can categorically tell you right now that “Directly Transmitted Results” were NOT used to any of the collated results or to settle disputes in the Just-recently-concluded Presidential Election. (You can go and this) As for the IREV-PORTAL,, (because I can very well guess that you were referring to the IREV-Portal when you said “Electronic Transmission”),, the IREV-Portal is not in the Electoral Act - Although it is very well described inside the INEC GUIDELINES. But I can tell you pro-bono that IREV-Portal is not Electronic Transmission.. As at this very election-cycle, according to the INEC, the approved Electronic Transmission System is the CSRVS Platform.. Electronic Transmission is in the Electoral Act, but the IREV-Portal is not. (You can also go and this too) Again,, the penalty for non-usage of Directly Transmitted Results is not “Nullification of the Election”. Agreed.!! But the Penalty for “Corruption” is. Therefore, if it can be established that due to the lack of “Verification”, that the original results were badly tampered with, then it is a case of Corruption, and it is good GROUND for Nullification of the Election. 2 Likes 2 Shares |
BluntCrazeMan: 5:57pm On Mar 07, 2023 |
garfield1:And you promised yourself to be the very last Nigerian that would leave the old methods.?? |
Jokay07(m): 5:57pm On Mar 07, 2023 |
bluntcrazeman This is the first time I will be reading this article of yours and I am really impressed. But if my memory serves me right, this would be the second topic as regards to the issue of "electronic transmission of results". You should understand the fact that the interpretation of laws and constitutions are very elastic; with respect to individul's understanding and view. Firstly, if your argument is factually based on "transmission of results electronically" in the electoral act, then you will need to withdraw and rest your case. So I ask, is [b] "transmission of results electronically" [/b]literally stated or factually imprinted in the electoral act.? 1 Like |
BluntCrazeMan: 6:09pm On Mar 07, 2023 |
Jokay07:To the final question you asked,, the answer is No. Like I earlier said, it was NOT written in black-and-white inside the Electoral Act.. But whatever the Electoral Act implied as “Directly Transmitted From The Polling-Units” is definitely not “Manual Transmission”, and that the Electoral Act made it mandatory -- whatever it is. That is the premises for my argument. |
gawu1: 6:10pm On Mar 07, 2023 |
BluntCrazeMan:Pitobi badly needs your service now. 1 Like |
ganisucks(f): 6:13pm On Mar 07, 2023 |
When the case starts, APC will see wehn. The international community will so pressure those judges, they will not be able to honor their agreement with Baba Lagos and Jonathan.
6 Likes 1 Share |
BluntCrazeMan: 6:19pm On Mar 07, 2023 |
1 Like |
garfield1: 6:24pm On Mar 07, 2023 |
BluntCrazeMan: Were you at all the ward and lga collation points to take note that transmitted results were not used to settle disputes? I told you days ago that those disputes being talked of are at the lower collation points that is why the electoral act mentioned polling unit results.now,melaye wasn't challenging the results but was requesting inec to display unit results side by side with declared state results which is impossible. Now,when a dispute arises at a collation point,the results that were transmitted are jot deleted from bvas.they are still there abi? So the collation officer will simply check the bvas to .simple |
Jokay07(m): 6:52pm On Mar 07, 2023 |
BluntCrazeMan: First of all, it's a good thing that you and I have reached a conclusion that Electronic transmission of results is not Factually stated in the act and this is a first win for Inec and Apc. Secondly, Emotions aside, your argument is totally flawed sir and you are arguing from a very disadvantage position. No serious court would entertain such blantant misinterpretation of electoral act. You see, in law, any argument that cannnot be established with fact can also be dismissed without fact. Let me see your response on this before I move on to the interpretation of "Direct/Directly" in the electoral act sir. 2 Likes |
BluntCrazeMan: 7:18pm On Mar 07, 2023 |
Jokay07: One thing the Electoral Act made very clear (And Factual) is that: “The Directly Transmitted Results From the Polling-units” SHALL be used for the “Verification” of the “Collated Results”... And also, that the Collated Results must be “CONSISTENT WITH” the “Directly Transmitted Results From the Polling-Units”.. So, are we together on the above?? (At least from there, we can continue further) Because, that is what I’ve been trying to break down in the whole of my analysis.. 2 Likes 1 Share |
techWriter3: 7:18pm On Mar 07, 2023 |
More rationale why I firmly rely that politician 's stolen mandate will be reclaimed sooner than later Erm, Check my profile if you need help with your thesis, personal statement, statement of purpose, dissertation, or assignment. |
Penguin2: 7:25pm On Mar 07, 2023 |
BluntCrazeMan: If Nigerian judiciary were anywhere close to independent, the sham organized by INEC shouldn’t stand at all. But this is Nigeria🤦 And one more thing, according to the former Minister of Justice and Attorney General of the Federation, Michael Aondoakaa, the Supreme Court has ruled that INEC guidelines have constitutional flavour. The reason is that INEC’s power to set up guidelines for elections was derived from the constitution which established it. It therefore follows that whatever they decide as guideline carries legal weight and justiciable as against some APC ers arguing that “Results Transmission” is mere INEC guideline. See, this case is a huge litmus test for the Nigerian Judiciary; if they still have any shame at all or they have banished all shame and become the vestige of corrupt politicians. Fingers crossed 🤞 2 Likes 1 Share |
BIZNess123(m): 7:28pm On Mar 07, 2023 |
The obedients claim their master won yet cannot give any proof..other spreading fake news up and down... Someone that couldn't even get 25 percent in 24 States...such a shame.. 2 Likes 1 Share |
BluntCrazeMan: 7:32pm On Mar 07, 2023 |
BIZNess123: The Master of Obidients don already dey for court. Na there him go give his evidence. Not to the media.. And not online. It's not the Obidients that should be giving the evidence., Unless they are called as witnesses. 3 Likes 1 Share |
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