WHAT IS EXPECTED OF INEC UNDER THE ELECTORAL ACT WHEN THERE IS A DISPUTE REGARDING COLLATED RESULT OR RESULT OF AN ELECTION FROM ANY POLLING UNIT

By NNANWIKE OBAH ESQ

section 64(6) of the Electoral Act States: 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 dispute result:

(a) the original of the disputed for each polling unit where the election is disputed

(b) The smart card reader or other technology used for accreditation of voters in each polling unit where the election is disputed for the purpose of obtaining accreditation data directly from the smart card reader or technology device

(c) Data of accreditation recorded and transmitted directly from each polling unit where the election is disputed as prescribed under section 47(2).

Section 47(2) states that to vote: the presiding officer shall use smart card or any other technological device that may be prescribed by the commission for the accreditation of voters, to verify , confirm or authenticate the particulars of the intending voters in the manner prescribed by the commission

(d) the votes and result of the election recorded and transmitted directly from each polling unit where the election is disputed as prescribed under section 60(4) of this Act.

(7) If the disputed result under sub section (6) were found not to be correct, the collation officer or returning officer shall re-allocate and announce a result using the information in sub section(6) (a) & (d)

In view of the clear provision of the above sections of the electoral Act, it suffice to say that what Inec is expected to do in the disputed polling units in Nkanu East LGA and Nsukka LGA in the ongoing collation of result for the Gubernatorial Election in Enugu is to review the collated results and confirm that they were collated in accordance with the law before declaration of result.

Nnanwike Obah Esq

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