Senior lawyers say INEC’s card reader is legal

In separate statements, the senior lawyers described the card readers, which are introduced to check cases of electoral fraud in the country, as the “best thing to happen to Nigeria’s electoral process.”The INEC chairman, Professor Attahiru Jega had in a demonstration of the card readers before the Senate on February 18, explained that it will […]

In separate statements, the senior lawyers described the card readers, which are introduced to check cases of electoral fraud in the country, as the “best thing to happen to Nigeria’s electoral process.”
The INEC chairman, Professor Attahiru Jega had in a demonstration of the card readers before the Senate on February 18, explained that it will be used for accreditation of voters to eliminate fraud and not actual voting.
He also assured that in the event the card readers fail on election day, the commission has spares to deploy and could even shift the polling in the affected unit to the next day for a new card reader.
However, as the general elections fixed for March 28 and April 11 approaches, some groups have gone to the courts to challenge the use of the card readers on the grounds that, being an electronic gadget, it will infringe on Section 52 of the Electoral Act  which prohibits electronic voting in the country.
But in a statement, Mike Ozekhome (SAN) said the use of the card readers would not amount to electronic voting. He explained that electronic voting means “the use of electronic means (ICT) in at least the casting of the vote.”
In his contribution, Chris Uche (SAN) said card reader does not translate to electronic voting, but merely to authenticate the voter cards.
“Card reader is only a process of reconfirming the voter’s card in order to preclude people coming with fake cards. If you say the card reader is an electronic device what about the computer and mobile phones used in registering the voters?
Also commenting on the issue, Jibrin Okutepa (SAN) said,  “ Since section 153 (1) (f) and (2) of the 1999 Constitution of the Federal Republic of Nigeria and the amended third schedule item 15(c) and (i) and Section 16 of the Electoral Act, 2010 empowers INEC to conduct elections in the country, use of card readers is both legal and constitutional  thereof and section 16 of the Electoral Act aforesaid, the insistence of INEC that without PVC one cannot vote is both legal, constitutional and within the powers donated to INEC by law. “It is also my view that the use of card reader is within the power of INEC and does not amount to electronic voting,” he said.
He also supported the use of the PVC, saying it is legal. “There is no dispute that INEC has replaced TVCs with PVCs and since possession of voters card by eligible voters is a condition precedent to vote, it is my submission that possession of PVC before one card vote is lawful and legal,” he said.
Supporting the above position, Sam Ologun-Orisa (SAN) said he is bound by Okutepa’s opinion on the matter, adding “there is nothing unconstitutional about the card reader.  It falls within the letters and spirit of the Electoral Act.”
As the debate over the card reader rages, all eyes are on INEC to prove cynics wrong during the elections.