TINUBU/OBI/ATIKU: SUPREME COURT STATES POSITION ON BVAS, OTHERS (DOWNLOAD JUDGMENT)
The Supreme Court has held that petitioners alleging over voting must prove the allegation by relying on the record of accredited voters in the BVAS and the Polling Unit result in Form EC8A.
This was the kernel of the decision of the apex court in the appeal brought by former Osun State Governor Adegboyega Oyetola against the declaration of Senator Ademola Adeleke as the actual winner of the Osun State Governorship Election by the Court of Appeal.
In the unanimous judgment obtained by CITY LAWYER today and read by a member of the five-man panel of law lords, Justice Emmanuel Agim, the apex court held that “It is glaring from the above reproduced provisions of the Electoral Act and the INEC Regulations and Guidelines that the evidence required to prove that voting was allowed without accreditation or that there was improper accreditation are the Register of Voters, BVAS and the Polling Unit result in Form EC8A and that the evidence required to prove that there was over voting are the record of accredited voters in the BVAS and the Polling Unit result in Form EC8A.”
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