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1. 1st Appellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC denied the Motion of the
Appellants, requesting the recusal of Cllr. Jerome G. Korkoya, Chairman,
BOC, because of public utterances of the Chairman, pre judging the
evidence and issues of the case, while the matter was being tried before
the Hearing Officer, knowing that he would preside over the review of the
matter on appeal. The refusal of the BOC to have Chairman Korkoya
recuse himself, deprived the 1st Appellants of their right to free and fair
trial.
Appellants' Allegation Concerning Serial Number
1. Appellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC, in its Final Ruling, like the
Hearing Officer in his Final Ruling, failed to take judicial notice of the
public historical fact, which is so well known, that serial numbers were
placed on the ballots, and not on ballot stubs, used during the 1997,
2005, and 2011 Presidential and General Elections. The failure of the
Appellee to take judicial notice of its own records was obviously to
justify it allegedly placing serial numbers on the stubs of ballots, instead
of on the ballots, as has been the practice in this jurisdiction.
2. 1st Appellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC, in its Final Ruling,
confirmed the assertion of witness Lighe of the Appellee that placing
serial number on the ballots would be a violation of the voters' secrecy.
1st Appellants say that it is not likely that the confidentiality of a voter,
who marked a ballot behind a screen or other enclosed compartment,
and deposited the ballot in a secured sealed ballot box be compromised
because a ballot carried a serial number, which would have provided
accountability and credibility to the electoral process. 1st Appellants
submit that if it could have been done in the 1997 elections, it certainly
should have been done in 2017.
3. 1st Appellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC, in its Final Ruling, failed to
take into consideration the refusal of the Appellee to use the Presiding
Officer Worksheet. Among other things, the Presiding Officer's
Worksheet would have indicated the starting and ending serial numbers
of ballots used at a polling place, making it difficult for ballots in the ballot
boxes to be replaced while in transit from the Polling Place to the
Magistrate. Also, the Presiding Officer's Worksheet would have been
signed by Party/Candidate Agents. In the absence of serial numbers on
the ballots, not ballot stubs, there is no way of knowing whether the
ballots in the ballot boxes were those that were assigned and delivered to
a polling places, ballots that were cast at a Polling Place, or ballots that
were surreptitiously stuffed in the ballot boxes after polling had closed.
The Presiding Officer's Worksheet is found on page 90 of the "Polling and
Counting Manual For Staff," prepared and published by the Appellee for
governing the "Presidential and Representatives Elections 2017."
4. 1st Appellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC, in its Final Ruling, failed to
take into consideration that the refusal of the Appellee to use the
Presiding Officer Worksheet created a cloud of doubt over the entire