Enugu: INEC Fails to Produce BiVAS Machines as Tribunal Relies on Labour Party’s Evidence
By Boniface Ihiasota, USA
The Independent National Electoral Commission (INEC) has requested the Enugu Governorship Election Petitions Tribunal to consider the certified true copies of BVAS data presented by the Labour Party candidate when deciding on the issue of alleged overvoting in Nkanu East Local Government Area during the March 18 governorship elections in the state.
The development, Excel Magazine International learnt it was contrary to the subpoena issued by the Tribunal on Saturday when INEC failed to provide some of the Bimodal Voter Accreditation Systems (BiVAS) machines used in Owoh and Ugbawka areas in Nkanu East.
INEC urged the Tribunal to accept the copies of the BVAS data provided to the Labour Party and already submitted to the court as valid evidence.
Excel Magazine International further gathered that the Labour Party candidate, Chijioke Edeoga, has concluded his case at the tribunal on Sunday.
Edeoga had filed a petition with INEC Chairman, accusing the State Resident Electoral Commissioner, Dr Chukwuemeka Chukwu, of disregarding a lawfully issued subpoena by refusing to allow a forensic examination of the BiVAS machines.
Despite several attempts to avoid complying with the subpoena issued on June 26, 2023, the tribunal issued an oral subpoena on Saturday, compelling INEC to appear on Sunday with the BiVAS machines.
Mr. Eze Okafor, the INEC representative at the court, did not provide a reason for failing to submit the 10 BiVAS machines as demanded by the tribunal. As a result, the tribunal relied on the evidence provided by the Labour Party and Chijioke Edeoga to determine whether overvoting occurred in the affected areas.
INEC arrived at the tribunal as early as 9.00 am on Sunday with only five BiVAS machines, which were reportedly used to accredit voters in Igbo Eze North Local Government Area.
However, the machines tendered were either empty or non-functional, preventing the forensic expert from conducting the expected examination.
In its petition, the Labour Party alleged that the vote count in Nkanu was inflated from approximately 15,000 accredited voters to 32,000 votes, a difference of over 16,000 votes.
According to the Electoral Act, votes can be canceled in areas where overvoting is established.
Chijioke Edeoga approached the tribunal seeking redress after Peter Mbah of the Peoples Democratic Party (PDP) was declared the winner of the March 18, 2023 Governorship Elections in the state.
Edeoga’s petition outlined five grounds to support his claim of being the validly elected candidate.
These grounds include the alleged forgery of his NYSC discharge certificate, as well as alleged instances of suppressed votes in Udenu and Enugu South Local Government Areas.
Additionally, Edeoga cited alleged cases of overvoting in certain electoral areas in Nkanu East Local Government Area and other discrepancies in Igbo Eze North Local Council.
