[285] What of Article 138 (3) (c) of the Constitution? It provides that:
“in a presidential election- after counting the votes in
the polling stations, the Independent Electoral and
Boundaries Commission shall tally and verify the
count and declare the result.”
[286] The critical element here is the duty placed upon the Commission to
verify the results before declaring them. To ensure that the results declared
are the ones recorded at the polling station. NOT to vary, change or alter
the results.
[287]
The duty to verify in Article 138 is squarely placed upon the
Independent Electoral and Boundaries Commission (the 1st respondent
herein). This duty runs all the way, from the polling station to the
constituency level and finally, to the National Tallying Centre. There is no
disjuncture in the performance of the duty to verify. It is exercised by the
various agents or officers of the 1st respondent, that is to say, the presiding
officer at a polling station, the returning officer at the constituency level,
and the Chair at the National Tallying Centre.
[288] The verification process at all these levels is elaborately provided for
in the Elections Act and the Regulations thereunder. The simultaneous
electronic transmission of results from the polling station to the
Constituency and National Tallying Centre, is not only intended to facilitate
this verification process, but also acts as an insurance against, potential
electoral fraud by eliminating human intervention/intermeddling in the
Presidential
Petition
No.
1
of
2017
121
|
P a g e
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