S’Court: Card Reader Cannot Supersede Electoral Register

"The card reader is yet to be made part of the Electoral Act ...the failure of the card reader machine or failure to use it for the accreditation of voters cannot invalidate the election." – Supreme Court

The Supreme Court yesterday said that both the Rivers State Governorship Election Tribunal and the Court of Appeal were wrong to have placed heavy reliance on non-use of Card Reader Machines in nullifying the election of Nyesom Wike of the Peoples Democratic Party as the state governor.

Giving the reasons for allowing Wike's appeal, Justice Kudirat Kekere-Ekun who delivered the Supreme Court's lead judgment said that until the National Assembly amended the law and gave the Card Reader Machine a statutory backing, it could not be a basis for nullifying any election.

According to her, the introduction of card reader machine is a commendable move by the Independent National Electoral Commission aimed at making elections more transparent.

However, she said that voting through the voters register superseded any other technology that might be introduced

through guidelines or manuals.

She stated that a distinct must always be drawn between the effect of a law made by the National Assembly, in this instant the Electoral Act; the Constitution and a rule of procedure; in this case the INEC manual and guidelines.

Six other justices of the court including the Chief Justice of Nigeria, Justice Mahmud Mohammed, Justice Tanko Muhammad, Justice Sylvester Ngwuta, Justice Kumai Aka'ahs, Justice John Okoro and Justice Amiru Sanusi agreed.

In his concurrent judgment, Justice Tanko Muhammad said: "I agree with my learned brother Kekere-Ekun JSC that failure to follow the manual and guidelines made in exercise of the powers conferred by the Electoral Act, can not in itself render the election void. And, this should not be understood to mean that the innovation of card reader is in conflict with the relevant sections of the Electoral Act."

He said that by virtue of section 138 (2) of the Act, it was clear that as long as an act or omission in relation to the guidelines and or regulations was not contrary to the provisions of the Act, it should not on itself be a ground for questioning the election.

In his concurrent judgment, Justice Akaahs said: "The introduction of the card reader is certainly a welcome development in the electoral process. Although, it is meant to improve on the integrity of those accredited to vote so as to check the incidence of rigging, it is yet to be made part of the Electoral Act. Section 138(2) of the Electoral Act envisages a situation where the Electoral Commission issues instructions or guidelines which are not carried out.

"The failure of the card reader machine or failure to use it for the accreditation of voters cannot invalidate the election."

The court had on January 28th allowed the appeal filed by Wike and set aside the judgments of both the election tribunal and the Court of Appeal both of which had nullified his election.