ON INEC SERVER: Mr. F. Keyamo's Tweet Lacks Merit in Law and in Facts

Keyamo tweeted: “Without referring to any particular pending Election Petition, there’s a need to generally guide Nigerians not to gullibly fall for the fantasy created by any video circulating where INEC official(s) spoke of INEC’s plan to electronically transmit results before the elections. “The video(s) of some INEC official(s) expressing intention to electronically transmit results are only circulated for entertainment. That procedure is neither contained in the Electoral Act nor in INEC’s Guidelines. Courts are only guided by these documents and not such videos.“Also, what you plan to do may be different from what you actually did. Assuming INEC planned to transmit electronically, the moment it said after the election that it did not do so, the matter ends there, especially as the Electoral Act and the guidelines do not allow it to do so." Festus Keyamo (SAN) - The Punch Newspaper, April 25, 2019.

As a friend and a classmate at Bendel State University and through to the Nigerian Law School, I resolved not to criticize Mr. Keyamo or write an adverse comment about him throughout the Presidential campaign and election period. And I did exactly that. Today, politics is over. The election is over. It's now about the case in court. And it is about strategy and tactics; therefore, we are bound to defer. And where we do, I will state my position.

I am one of those who shared in the social media, the video that Mr. Keyamo referenced and attacked, not for lack of authenticity, but on the ground that INEC did not comply with its own laid down rules. And that's very sad.

At the Tribunal, according to Punch Newspaper and other sources, "Atiku and PDP went on to list 13 ad hoc staff of INEC who all testified that they, indeed, uploaded results from their polling units to the INEC server as instructed during their training." That by itself punches holes on Mr. Keyamo's tweet, to wit, INEC DID NOT UPLOAD RESULTS.

So, on the argument that "what you plan to do may be different from what you actually did," as Mr. Keyamo stated, I beg to add that it is complete hogwash and unproductive fishing expedition. And it makes a mockery of the whole electoral process. In that case, INEC sets itself up to fail. That argument is too shallow to withstand informed scrutiny. Certainly not a smart move as my friend would want Nigerians to swallow or the Tribunal to accept.

The purpose of electronic transmission of vote counts from the polling units to the server or from the collation centers to the server is to eliminate the ills in the electoral process that Atiku/Obi alleges. Going by Mr. Keyamo's argument, it is apt to conclude that INEC Chairman, circumvents every laid down rules, regulations, instructions, procedures, just name it, to ensure that the ills in the system that enable manipulation of votes remain. In that case, his bogus results or verdicts cannot be attacked in the court of law or tribunal in the absence of documentary or electronic evidence.  And that's is aiding and abetting electoral malpractices. Tampering with evidence or preemption of likely evidence carries the same weight as suppression of evidence. 

Analysis

We already have rules and regulations set up by INEC to facilitate a credible and error-free electoral process. So, availing your clients (INEC) with a defense of non-compliance with the same rules and regulations set up by INEC, in other to defeat allegations of rigging and manipulations of vote counts suffered by the aggrieved party (Atiku/Obi) is grossly asinine and professionally reprehensible.

The gentleman on the video who succinctly articulated those rules and regulations regarding electronic transfer of vote counts on national TV is a trusted and reliable Commissioner of INEC. Tweeting that you didn't comply with them on election day as a defense has no merit in law and no place in real jurisprudence. 

Mr. Keyamo's tweet is made nonsensical to the extent that the evidence put forward by the 13 ad hoc staff of INEC who testified "that they indeed uploaded results from their polling units to INEC server as instructed during training," is consistent with the views of the INEC Official on video - the same video that Mr. Keyamo is lampooning today. So, what are we talking about! At this juncture, one may be forced to ask, is Mr. Keyamo following the deliberations at the Tribunal?

His tweet lacks merit in law and in facts. Transmission of results electronically from the polling units to the server at the national headquarter of INEC is not a legislative requirement and doesn't need any ascertainable provision or a specific section of the Electoral Act to be effective or legitimate. It is simply an administrative exercise. INEC has the power to do it or adopt whatever process or measure that it deems feasible in conducting the election. 

Electronic transmission of vote counts from the various polling units to the national server as INEC arranged and as the official in the now condemned video rightly articulated and as the 13 Ad hoc staff stated that they did is to add credibility to the process. The goal is to eliminate discrepancies between the vote counts recorded at the polling units and the vote counts announced at the collation centers. If it is jettisoned, then, INEC is CULPABLE. But in the instant case, it wasn't, in light of the testimony of the 13 Ad hoc Staff. So, all these legalese or mumble jumble by Festus doesn't add up in law, equity, or reasonable judgment. INEC Chairman must produce the server and all the attested documents at the polling stations. The Atiku's Legal Team deserves them as of right. I beg to conclude.