LP threatens to occupy all INEC offices nationwide over denial of court-granted access to BVAS

Following the refusal of the Independent National Electoral Commission (INEC) to allow it inspect the Bimodal Voter Accreditation System (BVAS) machines reconfiguration process as ordered by the Presidential Election Tribunal (PET), the Labour Party has threatened to occupy all offices of the electoral umpire across the country.

Labour Party further warned that INEC’s refusal to obey an order of the court which had granted it leave to inspect sensitive materials deployed by the commission during the February 25 elections, would force the party into a nationwide protest at the commission’s offices.

The PET had while granting INEC the leave to reconfigure its BVAS machines in preparation for the earlier scheduled March 11 governorship and state Houses of Assembly poll, had also permitted the Labour Party access to the devices along with other materials used in the February 25.

The court had directed INEC to first back up the data stored in the machines before reconfiguration and allow the Labour Party access to same in the BVAS machines before they are reconfigured.

INEC has since rescheduled the March 11 poll by one week to March 18 over what it blamed on the late ruling by the PET in granting the sought leave to allow for complete reconfiguration of the BVAS machines in time for the March 11 date.

A statement issued by the Labour Party through its Presidential Campaign Council (LP/PCC) Chief Spokesperson, Dr Yunusa Tanko, Friday, accused INEC of selecting to obey the court order granting it powers to reconfigure its BVAS machines, while ignoring ‘the order granted to us to inspect electoral materials.’

It would be recalled that the Labour Party through its Presidential candidate, Peter Obi had initially approached the PET to stop INEC from its planned reconfiguration of the BVAS machines pending the full determination of its suit before it challenging the results declared by the commission which returned the candidate of the ruling All Progressives Congress (APC), Bola Tinubu, as winner and president-elect.

According to the Labour Party, reconfiguring the BVAS machines will tamper with evidence of electoral malpractices against INEC.

However, INEC filed its own suit asking the appellant court to set aside the LP prayers and grant it the permission to reconfigure its BVAS so that they will be ready in time for the March 11 polls.

The appeal court which is also serving as the PET granted INEC prayers to reconfigure its BVAS machines while also ordering the commission to back up its server, and allow the Labour Party access to the materials before reconfiguration.

“The Independent National Electoral Commission (INEC) with greatest impunity have refused, neglected and failed to obey the Order of the Presidential Election Petition Tribunal sitting in Abuja made on the 03rd day of March 2023, directing it to grant the Labour Party and its presidential candidate H.E. Peter Gregory Obi leave to apply and receive from INEC, certified true copies of materials used in the presidential election held on 25th February 2023.

“It will be recalled that the aforesaid Order of the presidential election petition tribunal was duly served on INEC on the 3rd of March 2023 despite the fact that they were present and represented at the tribunal when the Order was made.

“Not minding the service of the said Order on INEC, and a reminder letter dated the 6th day of March 2023 and delivered the same date at the INEC Headquarters Abuja, the electoral umpire has continued to ignore and or disobey the valid Order of such magnitude till NOW.

“It should be noted that in a democracy like ours, rule of law must triumph not only in our legal system but also in our body polity as a whole. Parties to litigation like in the instant case must accept and obey every order of a court in good faith and no party should be seen to employ self-help to disparage or disrespect an order of a court which if not checked and curtailed could possibly undermine our democracy, rule of law and constitutionalism.

“The action of INEC under reference also constitutes for all intent and purposes, an act of judicial insubordination and willful refusal to comply with the order of the court.

As we speak INEC has chosen to obey the court order given to it to reconfigure the BIVAS machine, which they doing right now and ignoring the order granted to us to inspect electoral materials.

“We, therefore, call on the general public to note the level of lawlessness and brazen disobedience to a lawful order of a court by an important statutory agency such as INEC, which is a well-calculated attempt to undermine and frustrate the presentation of the Petition by the Labour Party and its Presidential candidate before the tribunal in good time.

“We, therefore, want to state that we will not fail to call our supporters to march to INEC offices nationwide in a non-violent protest which is allowed by law. This is to curtail the flagrant disobedience to court orders by INEC,” read the full statement by the LP/PCC as signed by Tanko, Friday.

It would be recalled that Labour Party’s lawyers had questioned the motives of INEC to be so hasty to compromise the principal evidence of the election umpire’s fraudulent manipulation of the election results, as INEC insisted it needed to reconfigure the 176,846 BVAS machines to be ready for the March 11 governorship and state Houses of Assembly elections.