[379] In concluding this aspect of the petition, it is our finding that the
illegalities and irregularities committed by the 1st respondent were of such a
substantial nature that no Court properly applying its mind to the evidence
and the law as well as the administrative arrangements put in place by
IEBC can, in good conscience, declare that they do not matter, and that the
will of the people was expressed nonetheless.
We have shown in this
judgment that our electoral law was amended to ensure that in substance
and form, the electoral process and results are simple, yet accurate and
verifiable. The presidential election of 8th August, 2017, did not meet that
simple test and we are unable to validate it, the results notwithstanding.
(iv)
What Consequential Declarations, Orders and
Reliefs Should this Court Grant, if Any?
[380] In the petition, the petitioners sought the following Orders;
“(a) Immediately upon the filing of the petition, the 1st respondent
do avail all the material including electronic documents,
devices and equipment for the presidential election within 48
hours;
(b)
Immediately upon the filing of the petition, the 1st respondent
do produce, avail and allow access for purposes of inspection
of all the logs of any and all servers hosted by and/or on behalf
of the 1st respondent in respect of the presidential election
within 48 hours;
(c)
A specific order for scrutiny of the rejected and spoilt votes;
Presidential
Petition
No.
1
of
2017
165
|
P a g e
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