02/08/2023
UPDATE PEPT
Yusuf Ali (INEC) : In reaction to the Petitioners’ objection on documents, we filed a written address, filed on the 25th of July, 2023 in opposition. We adopt the arguments in the documents as our argument, especially as there was no further reply by the Petitioners.
L. O. Fagbemi SAN( APC) : In respect to this objection we have no processes filed.
Court: We will now go to the main addresses. Instead of 10 minutes, parties will be allowed 20 minutes each to address the court.
A B Mahmoud (INEC) : The 1st Respondent has filed the final Written address dated 14th of July, 2023. Along with that we also filed a list of Authority, also dated & filed 14th of July, 2023.
After we received the Petitioners Written address, we also filed on reply on Points of Law, filed 28th of July, 2023. We also filed a list of authorities on the same 28th of July, 2023. With respect these are the processes filed by the 1st Respondents. We adopt same as our arguments in this petition.
My Lord, for all the detailed arguments canvassed in our Written Address, we humbly submit that this petition is lacking in merit & should be dismissed by the court. I will seek your Lordship’s indulgence.
On page 15 of our Written address we set out the issues for determination. They are listed. I will only speak to two issues:
The first issue is issue No. B, has to do with the complaint by the petitioners of non-compliance with the Provisions of the electoral Act. The essence of the complaint is with technology introduced by the 1st Respondent, the rationale seems to be appreciated by the petitioners, however, the misunderstood the technologies. The BVaS was used for accreditation and transmitting of results. The IREV Portal is a result viewing portal. The evidence shows clearly that the 1st Respondent went to great lengths to ensure that this technology functioned as designed. The applications used on BVaS was developed in-house, tested for performance and vulnerability. The data