results tallying chain. This, the system does, by ensuring that there is no
variance between, the declared results and the transmitted ones.
[289] In the presidential election of 8th August, 2017 however, the picture
that emerges, is that things did not follow this elaborate, but clear
constitutional and legislative road map. It has been established that at the
time the 2nd respondent declared the final results for the election of the
President on 11th August, 2017, not all results as tabulated in Forms 34A,
had been electronically and simultaneously transmitted from the polling
stations, to the National Tallying Centres. The 2nd respondent cannot
therefore be said to have verified the results before declaring them.
[290]
The said verification could only have been possible if, before
declaring the results, the 2nd respondent had checked the aggregated tallies
in Forms 34B against the scanned Forms 34A as transmitted in accordance
with Section 39 (1C) of the Elections Act. Given the fact that all Forms 34 B
were generated from the aggregates of Forms 34A, there can be no logical
explanation as to why, in tallying the Forms 34B into the Form 34C, this
primary document (Form 34A), was completely disregarded.
[291] Even if one were to argue, which at any at rate, is not the case here,
that the verification was done against the original Forms 34A from all the
polling stations, which had been manually ferried to the tallying centre, this
would still beg the question as to where the scanned forms were, and why
the manually transmitted ones, arrived faster than the electronic ones.
Presidential
Petition
No.
1
of
2017
122
|
P a g e
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