On Sunday, the controversy about the Bimodal Voter Accreditation System used in the conduct of Enugu State Governorship Election came to an end with the Independent National Electoral Commission, INEC bringing the BVAS machines before the Governorship Election Petition Tribunal, GEPT.
However, the Labour Party suffered a major blow as it misquoted the codes of BVAS machines used in Owo and Ugbawka in Nkanu East LGA during the 18th March 2023 governorship election, listing BVAS codes for Igboeze North LGA instead.
This came on a day the LP closed its case against Mbah’s election.
INEC, which was subpoenaed to produce specific BVAS machines used during the election in some isolated areas, told the tribunal that it had provided all the BVAS requested by LP based on the codes listed on the subpoena.
The BVAS codes as contained in the subpoena served on INEC were 14/08/01/003, 14/08/01/002, 14/08/06/005, 14/08/06,003, and 14/08/17/012, which are all for Igboeze North LGA, not Nkanu East. The sixth BVAS code, being 14/08/009, was however incomplete.
INEC, which was represented by its Public Relations Officer in Enugu, Mr. Victor Okafor, clarified that only five BVAS machine codes were fully listed on the subpoena, while the sixth one, being 14/08/009 was incomplete.
“According to the list in the subpoena, we were mandated to produce five BVAS, and I am here with the five BVAS”, he stated.
Asked if he also brought the BVAS for Owo and Ugbawka I Registration Areas of Nkanu East L.G.A, the REC said INEC BVAS could only be identified by codes and that the electoral body responds only to Codes and not name.
Probed further, he explained: “It is because he (Petitioners’ counsel) did not call out any code numbers, the BVAS machines I have here, are the five code numbers contained in the subpoena”.
Asked if he had BVAS code 14/08/009, he said, “The code is unclear, there is no machine bearing such code”.
The tribunal consequently told the petitioners that the court could not grant them prayers, in this case, BVAS machines not asked for in the subpoena
It thereafter adjourned to Tuesday 18th July when INEC is expected to open its defence.
Meanwhile, briefing journalists at the end of the sitting, Counsel to Dr. Peter Mbah and 2nd respondent, Alex Iziyon, a Senior Advocate of Nigerian (SAN) said: ” What happened in court today is that the petitioners brought in their remaining witnesses and the court also asked INEC to bring some BVAS machines, which were brought and tendered.
“We also asked REC what transpired during the election and he confirmed that everything went well peacefully and things were in order.
“The five BVAS, which were indicated were brought, but they were over 4,000 BVAS machines in polling units in Enugu State and that was it and the Labour Party closed their case.
When asked about the position of the Subpoena on Owo and Ugbawka in Nkanu East Local Government, he said the petitioner asked for only one polling unit, which was brought to the court.
Among the exhibits Labour Party tendered before the court included polling unit results(form EC8A) in all the areas in contention; ward collation results (form EC8B) in the affected areas and summary of the results as well as the declaration of the results.
